Pereira v. Sessions

Pereira v. Sessions
Argued April 23–, 2018
Decided June 21, 2018
Full case nameWesley Fonseca Pereira v. Jefferson B. Sessions III, Attorney General
Docket no.17-459
Citations585 U.S. 198 (more)
138 S. ct. 2105
ReargumentReargument
Opinion announcementOpinion announcement
Holding
A Notice to Appear that does not inform a noncitizen when and where to appear for a removal proceeding is not valid under 8 U.S. Code § 1229(b) and therefore does not trigger the stop-time rule which is used to calculate the ten year continuous presence requirement for non-lawful permanent residents.
Court membership
Chief Justice
John Roberts
Associate Justices
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito · Sonia Sotomayor
Elena Kagan · Neil Gorsuch
Case opinions
MajoritySotomayor, joined by Roberts, Kennedy, Thomas, Ginsburg, Breyer, Kagan, Gorsuch
ConcurrenceKennedy
DissentAlito

Pereira v. Sessions, Attorney General, 585 U.S 198 (2018), is a United States Supreme Court case regarding immigration. In an 8-1 majority, the Court reversed a lower court's decision by holding that a Notice to Appear that does not inform a noncitizen when and where to appear for a removal proceeding is not valid under 8 U.S. Code § 1229(b) and therefore does not trigger the stop-time rule which is used to calculate the ten year continuous presence requirement for non-lawful permanent residents. The majority opinion was authored by Justice Sonia Sotomayor while the dissent was authored by Justice Samuel Alito.