Immigrant Will Be Deported: Ruled Notice to Appear Did Not Require Hearing Date and Time

Mario A. Godoy
Immigrant Will Be Deported: Ruled Notice to Appear Did Not Require Hearing Date and Time

On May 20, 2019, the 7th Circuit of the United States Court of Appeals ruled that a Mexican immigrant who has lived continuously in the United States since 1999 can be deported despite his Notice to Appear not stating the date and time of his hearing.

Summary:
Mario Ortiz-Santiago claimed a deportation Notice to Appear that he received from the Department of Homeland Security did not include the time or date of his hearing and therefore was not valid.

Ortiz-Santiago’s appeal to the Board of Immigration was based on a U.S. Supreme Court ruling that required time and date information on a Notice does not apply. Ortiz-Santiago also said his deportation would cause a hardship for his family, and that his time in the US demonstrates that he is of good moral character. The referenced U.S. Supreme Court ruling was during the Ortiz-Santiago appeal.

The 7th Circuit ruled that his appeal that the Notice did not require the place and time of the hearing was not timely and that he did not demonstrate his stepfather would suffer sufficient hardship to prevent him from being removed.

Our View:
As immigration lawyers in the state of Illinois, we know that is critical that non-citizens and immigrants in the United States who face the risk of removal or deportation be able to show that the U.S. government was wrong to place them into removal proceedings. Meeting all appeal deadlines, submitting complete and accurate documentation, a thorough understanding of their clients’ case history and qualifications for appeal are vital. As experienced immigration attorneys, we have the expertise to determine how to present each deportation case appeal for the best possible results.

The immigration attorneys at Godoy Law Office in Chicago offer assistance in family-based immigration matters to a range of people, including spouses, same-sex couples, fiancés, parents and children. We can also advise immigrants looking to secure status as permanent residents through the process of applying for a green card or citizenship. If you need help with an immigration issue, please contact our office at 312-635-4029. 

 

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