Strategies and Considerations in the Wake of Pereira v. Sessions

In Pereira v. Sessions, the Court held that service of a defective Notice to Appear does not cut off eligibility for cancellation of removal. The rationale underlying the Court’s decision, however, more broadly affects both ongoing and closed cases initiated by defective Notices to Appear.

This practice advisory, by the American Immigration Council and Catholic Legal Immigration Network, provides:

• An overview of the Pereira v. Sessions decision and its impact on eligibility for cancellation of removal and post conclusion voluntary departure;
• An overview of the BIA’s decision in Matter of Bermudez-Cota, which narrowly interpreted Pereira, and its impact on future Pereira-based arguments;
• A discussion of potential due process concerns resulting from government implementation of the decision;
• Broader applications of the decision challenging the legitimacy of removal proceedings initiated by defective Notices to Appear; and
• Vehicle, timing, and geographical considerations when raising Pereira v. Sessions-based arguments.