26 Mar 2023
Strategies and Considerations in the Wake of Niz-Chavez v. Garland: Updated
"This practice advisory will discuss the Supreme Court’s decisions in Niz-Chavez and Pereira and provide strategies for practitioners to consider in cases where the client’s NTA was defective. As this area of the law continues to develop, practitioners should use this practice advisory as a starting point but engage in their own research into the state of the law. ... Copyright (c) 2023, American Immigration Council (Council) and the National Immigration Project of the National Lawyers Guild (NIPNLG). The original version of this practice advisory, published on June 30, 2021, was issued by the Council, The Catholic Legal Immigration Network, Inc. (CLINIC), and NIPNLG. Click here for information on reprinting this practice advisory. This practice advisory is intended for authorized legal counsel and is not a substitute for independent legal advice supplied by legal counsel familiar with a client’s case. The authors of the 2021 advisory were Khaled Alrabe, Gianna Borroto, Kate Melloy Goettel, Michelle Mendez, Victoria Neilson, Rebecca Scholtz, Cristina Velez, and Karolina Walters. It was updated in 2023 by Gianna Borroto, Suchita Mathur, Kate Melloy Goettel, Michelle Mendez, Victoria Neilson, and Rebecca Scholtz. The authors would like to thank Grant Chamness, Kristin Macleod-Ball, Aimee Mayer-Salins, Abby Nyberg, Trina Realmuto, David Stern, Patrick Taurel, Stacy Tolchin, Ben Winograd, and Valerie Zukin for their contributions to the 2021 advisory."