Niz-Chavez v. Garland

Goodwin Procter LLP advised Agusto Niz-Chavez on the deal.

Mr. Niz-Chavez is a Guatemalan national who is the primary caretaker and breadwinner for his three young, U.S.-citizen children. The government seeks to remove Mr. Niz-Chavez to Guatemala.  Mr. Niz-Chavez applied for a form of immigration relief called cancellation of removal, which requires ten years of U.S. presence. Under the stop-time rule, the government can stop a noncitizen from accruing additional presence by serving “a notice to appear,” which initiates removal proceedings. In Pereira, Goodwin partner David Zimmer  successfully argued before the U.S. Supreme Court in 2018, the Court held that the government must serve “a notice to appear” that complies with the statute to trigger the stop-time rule.  In Niz-Chavez, Mr. Zimmer successfully argued that the statute’s “notice to appear” provision requires that the government provide the information specified in the statute in a single notice document. Because the government did not serve Mr. Niz-Chavez a single notice document that included all of the required information, the government did not bar Mr. Niz-Chavez from accruing additional time, and Mr. Niz-Chavez is now eligible to apply for cancellation of removal to stay in this country with his family. In addition, because for many years the government rarely served a single notice document, the decision in this case impacts many thousands, and potentially tens of thousands, of other noncitizens as well.

The Goodwin team was led by David Zimmer (Picture), Ben Hayes and Jerry Cedrone.

Involved fees earner: Gerard Cedrone – Goodwin Procter; Benjamin Hayes – Goodwin Procter; David Zimmer – Goodwin Procter;

Law Firms: Goodwin Procter;

Clients: Niz-Chavez Agusto;

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Martina Bellini

Author: Martina Bellini