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Legislation and Regulation Keyed to Eskridge, 1st Ed.
Niz-Chavez v. Garland
Citation:
593 U.S. 155, 141 S.Ct. 1474, 209 L.Ed.2d 433 (2021)Facts
Agusto Niz-Chavez, a native and citizen of Guatemala, entered the United States unlawfully in 2005. In 2013, the Department of Homeland Security initiated removal proceedings against him. The government first sent Niz-Chavez a document in March 2013 that informed him of the charges against him and that he would need to appear for a hearing at a time to be determined. Two months later, in May 2013, the government sent a second document specifying that his hearing would take place on June 25, 2013, at 8:30 a.m. in Detroit Immigration Court. Niz-Chavez appeared with counsel at this hearing and conceded removability. After further proceedings, an Immigration Judge ordered his removal. Niz-Chavez sought cancellation of removal, which requires at least 10 years of continuous presence in the United States. He argued that the stop-time rule was not triggered because the government provided the required notice information in two documents rather than one.
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