Warning on “Fake Date” Notices to Appear
January 15, 2019
COVID-19 Update: SDP&A cares about our clients, community and the public during this unprecedented time of the COVID-19 pandemic. Read More
SDP&A cares about our clients, community and the public during this unprecedented time of the COVID-19 pandemic. We are offering complimentary consultations with our experienced attorneys via phone, Skype, FaceTime and Zoom to anyone – individuals, businesses and organizations – with a situation and/or questions related to immigration and nationality law. We can advise or offer second opinions on family-based and employment based immigration options, employer compliance, maintenance of non-immigrant status and employment authorization, political asylum, removal defense, remedies through federal court litigation or other U.S. immigration matters. Please contact us 24/7 at (312) 444-1940 or firstname.lastname@example.org.
Article by Scott D. Pollock & Associates, P.C.
January 15, 2019
Following the Supreme Court’s decision in Pereira v. Sessions, 138 S. Ct. 2105 (2018) (holding that a putative notice to appear that fails to designate the specific time or place of a noncitizen’s removal proceedings is not a notice to appear under 8 U.S.C.S. § 1229(a)), the U.S. Department of Homeland Security (DHS) issued certain Notices to Appear (NTAs) with “fake” hearing dates and times. Without consulting with the Immigration Courts, DHS arbitrarily chose dates and times for upcoming hearings in removal proceedings in a misguided attempt to comply with Pereira v. Sessions. Many respondents with “fake date NTAs” have appeared at court on the designated date and time listed on their NTAs only to discover that their NTAs have not been filed with the court or that their hearings were scheduled for different dates. Scott D. Pollock & Associates, P.C. advises individuals who have received NTAs to call the EOIR 1-800# and/or Immigration Court in their jurisdiction to confirm the accurate date and time for their hearings.