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Lopez v. Barr

Facts

Isaias Lorenzo Lopez, born in Oaxaca, Mexico, arrived in the United States in 1998 and became a lawful permanent resident (LPR) in 2002. In 2008, he was arrested for attempting to assist another individual in entering the U.S. illegally, leading to the initiation of removal proceedings against him. The Department of Homeland Security served him with a Notice to Appear, which lacked the required time and place information. The Immigration Judge concluded that this notice terminated Lopez's residency period, making him ineligible for cancellation of removal.

Isaias Lorenzo Lopez was born in Oaxaca, Mexico in 1984. In September 1998, when he was fourteen years old, he arrived in the United States to be with his father, a lawful permanent resident ('LPR'). Lorenzo was paroled into the United States and, two years later, on February 12, 2002, he became an LPR. While in the United States, Lorenzo graduated from high school, receiving good grades while working to support his family. After graduating, he continued to work six days a week on a farm to support his two U.S. citizen children and their mother.

Issue

Whether a defective notice to appear can be cured by a subsequent notice of hearing under 8 U.S.C. 1229(a).

Whether a Notice to Appear that was defective under Pereira could be cured by a subsequent Notice of Hearing.

Rule

A notice to appear must contain the time and place of the removal proceedings to trigger the stop-time rule under 8 U.S.C. 1229(a).

A notice to appear must contain the time and place of the removal proceedings to trigger the stop-time rule under 8 U.S.C. 1229(a).

Analysis

The court analyzed the requirements of a valid notice to appear as established in Pereira v. Sessions, which emphasized that a notice lacking specific time and place information does not meet the statutory definition. The court found that the Notice to Appear issued to Lopez was defective and did not trigger the stop-time provision, despite the subsequent Notice of Hearing that provided the necessary details.

The court analyzed the requirements of a valid notice to appear as established in Pereira v. Sessions, which emphasized that a notice lacking specific time and place information does not meet the statutory definition.

Conclusion

The Ninth Circuit granted the petition for review, concluding that Lopez's defective notice to appear could not be cured by the subsequent notice of hearing, allowing him to remain eligible for cancellation of removal.

The Ninth Circuit granted the petition for review, concluding that Lopez's defective notice to appear could not be cured by the subsequent notice of hearing.

Who won?

Isaias Lorenzo Lopez prevailed in the case because the court determined that the defective notice to appear could not be cured by a subsequent notice, thus maintaining his eligibility for cancellation of removal.

Isaias Lorenzo Lopez prevailed in the case because the court determined that the defective notice to appear could not be cured by a subsequent notice, thus maintaining his eligibility for cancellation of removal.

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