We received calls from multiple attorneys shortly after the United States Supreme Court issued an opinion on Pereira v. Sessions, 138 S. Ct. 2105 (2018). Each attorney wanted to know the exact same thing: can we assist them in using Pereira to challenge to the legitimacy of Notices to Appear (NTAs) issued by DHS?
Several of those attorneys wanted us to write motions and BIA appeals using Pereira to challenge NTAs. Over the last several months, we have developed and refined our arguments in this matter, filing several motions/appeals to terminate proceedings based on insufficient and defective NTAs. We have also crafted arguments rebutting the BIA’s decision of Matter of Bermudez-Cota, 27 I&N Dec. 441 (BIA 2018), a case that both DHS and the BIA have begun to rely on. The BIA’s reasoning in this case directly conflicts with the U.S. Supreme Court’s decision in Pereira, which we explain in pertinent detail.
Some Immigration Courts have granted attorneys’ Motions to Terminate proceedings following the briefs we have written for them.