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The Supreme Court ruled in a 5-4 opinion against three illegal aliens fighting their deportation orders from the United States, claiming they did not receive proper notice of their removal hearings in federal immigration court.
Later, though, the DOJ sent notices of hearings to each of the illegal aliens which included the time and place for when they needed to appear before a federal immigration judge. In each case, though, the men did not appear at their court hearings and were ordered deported from the United States in absentia.
On Friday, Justice Samuel Alito wrote for the majority, finding that the DOJ did provide proper notice of immigration hearings to each of the illegal aliens, and thus they cannot seek rescission of their deportation orders: The Government concedes that none of them received a compliant NTA. Each did, however, receive a “notice in accordance with paragraph . . . ,” and each notice met all of the requirements for a notice under that provision. After receiving a defective NTA, each alien received a notice that provided a specific time and place for their removal proceedings. Those notices provided “new” times, and thereby “change” the time and place of their removal proceedings, within the meaning of §1229.
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