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  4.  | Supreme Court takes a stance against missed deportation hearings

Supreme Court takes a stance against missed deportation hearings

On Behalf of | Jun 26, 2024 | Immigration & Naturalization

People who come to the United States to seek asylum or other protections are often provided with a Notice to Appear (NTA) for a hearing in an immigration court. This is only possible for people who are able to pass background checks. 

The NTA is usually set for the person’s destination location and not their entry point. The issue with these notices is that they’re often incomplete, so the person may not know the date or time they’re supposed to appear. 

Not showing up for a hearing can lead to deportation

Failing to appear for one of these hearings can lead to deportation in absentia. The Supreme Court recently ruled that the only way a person can have an order for deportation in absentia rescinded is if they didn’t receive any notice of the hearing. This means that missing an appearance for other reasons, such as just skipping the hearing, could lead to deportation.

The matter that went before the Supreme Court contained three separate cases, all of which claimed the NTA didn’t include adequate information about the proceeding. Prior to making the way to the Supreme Court, one of these petitions was denied by the Fifth Circuit Court of Appeals. The other two petitions were both granted by the Ninth Circuit Court of Appeals.

 

With this ruling from the Supreme Court, people who are seeking asylum will have to ensure they understand their hearing information. It may help them to have someone on their side who can stay on top of the legal process so they don’t miss any hearings.