Becker v. Montgomery, See App. (Distributed). In 2013, Pereira was detained by DHS. As the Government reasonably explains, a notice to appear can also be understood to serve primarily as a charging document. See §1229b. Sometimes when several people review the same book it can be a bit repetitive, but not in this case! As noted, the stop-time rule provides that “any period of . Great point about “maintains” – it does remind me of a police testimony. The dissent’s argument wrongly assumes that the Government is ut- terly incapable of specifying an accurate date and time on a notice to appear and will instead engage in “arbitrary” behavior. 566 U. S. 560, 571 (2012) (internal quotation marks omitted).[6]. . I plan to read more. See Brief for Respondent 25–27. Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. This sounds like a really great book. Assn. Pereira is married and has two young daughters, both of whom are United States citizens. The style is experimental – a third-person testimonial, with Pereira "maintaining" (in another translation "declaring") its narrative throughout. . It therefore follows that the stop-time rule itself does not foreclose the Government’s interpretation. As I mentioned above, I think the translation is a factor. of Oral Arg. Library Catalog is a service of eiNetwork, a collaboration of the. An alien lulled into a false sense of security by that initial notice to appear will have as little meaningful “ ‘opportun- ity to secure counsel’ ” and “time to prepare adequately,” ante, at 11, as one who initially received a notice to appear without any hearing date. Pereira, a citizen of Brazil, came to the U.S. in 2000 and remained after his visa expired. Pereira concedes that he overstayed his visa and is thus removable, but he argues that he is nonetheless eligible for cancellation of removal because he has now been in the country continuously for more than 10 years. when the alien is served a notice to appear under section 1229(a).” 1990) (defining “under” as “according to”). Petitioner Wescley Fonseca Pereira is a native and citizen of Brazil. WESCLEY FONSECA PEREIRA, PETITIONER v. JEFFERSON B. i. See Kirtsaeng v. John Wiley & Sons, Inc., Thanks Vishy! . See In re Camarillo, supra, at 647. . for Cert. Really got me thinking…. According to the Court, it should be “obvious” to anyone that “a notice that does not specify when and where to appear for a removal proceeding is not a ‘notice to appear.’ ” Ante, at 2, 12. When he finds that the kosher butcher has had his windows smashed and his shop covered in graffiti, he is so naive as to suggest that the man call the police. Failing to specify integral information like the time and place of removal proceedings unquestionably would “deprive [the notice to appear] of its essential character.” Post, at 12, n. 5; see supra, at 12–13, n. I plan to take part – should be fun! Pereira is a middle-aged journalist who edits the culture page for a minor newspaper in 1930s Lisbon. But I see how it could work the way it did for you too. 3:12 pm, 23 September 2012 The Government is not required to provide written notice of the change in time or place of the proceedings if the noncitizen is “not in detention” and “has failed to provide [his] address” to the Government. . Recall that the stop-time rule provides that “any period of . To begin, the Government mistakenly argues that §1229(a) is not definitional. By the Government’s own account, Congress enacted the stop-time rule to prevent noncitizens from exploiting administrative delays to “buy time” during which they accumulate periods of continuous presence. 556 U. S. 208, 218 (2009). “He maintains” | Around the edges. Pp. I’d recommend it! It reasoned that the statutory phrase “notice to appear ‘under section [1229](a)’ ” in the stop-time rule “merely specifies the document the DHS must serve on the alien to trigger the ‘stop-time’ rule,” but otherwise imposes no “substantive requirements” as to what information that document must include to trigger the stop-time rule. . of section 1229(a)”) and phrase 2 (“notice in accordance with paragraph (1) . It therefore held in this case that Pereira is ineligible for cancellation of removal. Under the stop-time rule, “any period of . Thus, Pereira essentially “wants to cherry pick from the material covered by the statutory cross-reference. Thanks for stopping by! Order extending time to file response to petition to and including November 29, 2017. such [a] contradictory and absurd purpose,’ ” United States v. Bryan, . When I just start typing, it’s easier to cop out and just give a general sort of summary of the book without much real analysis. Do you know which book you’re going to read yet? I really enjoyed this novel and I like your interpretation about the use of maintains. Equally unavailing is the Government’s invocation of §1229a(b)(7). Congress has employed similar definitional language in other statutory schemes. That putative notice charged Pereira as removable for overstaying his visa, informed him that “removal proceedings” were being initiated against him, and provided him with information about the “[c]onduct of the hearing” and the consequences for failing to appear. 3:53 pm, 24 September 2012 As this happens, Pereira is forced to ask himself why he’s helping this young man. Pereira Maintains is not only the title of the novel but its first and last phrase, as well as one that recurs at regular intervals throughout the book. [4] Pet. The novel is narrated by an unspecified narrator, each chapter introduced by and peppered with the words ‘Pereira maintains’. Under Chevron, this Court was obliged to defer to the Government’s interpretation. Post, at 8. when the alien is served a notice to appear under section 1229(a).” Section 1229(a), in turn, provides that the Government shall serve noncitizens in removal proceedings with “written notice (in this section referred to as a ‘notice to appear’) . Pp. Your observation about the narrative voice is also very interesting, using the phrase seems very clever and meaningful. 39–45. The book was published in multiple languages including Italian, consists of 216 pages and is available in Paperback format. In the instant case, Petitioner conceded removability but sought relief in the form of cancellation of removal under 8 U.S.C. I didn’t want to discuss the ending in the main post, but since we’re down in the comments I think it’s OK. *** If you don’t want to know the ending, don’t read this next part! In according Chevron deference to the BIA’s interpretation, some Courts of Appeals engaged in cursory analysis of the questions whether, applying the ordinary tools of statutory construction, Congress’ intent could be discerned, 467 U. S., at 843, n. 9, and whether the BIA’s interpretation was reasonable, id., at 845. cumstances, to appear at such proceedings.” §1229(a)(1) (boldface added). I’m not sure how much I’ll be able to participate because I’m not even sure where I’ll be living at the time, but I’ll definitely enjoy reading your posts and those of others who take part, and will hope to contribute one or two things of my own. Definitely Pereira Maintains – I own that one! Instead, it ordered him to appear before an Immigration Judge in Boston “on a date to be set at a time to be set.” Id., at 9 (underlining in original). See Brief for Respondent 48. 1989) (defining “under” as “[i]n accordance with”); Black’s Law Dictionary 1525 (6th ed.

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