Naizhu Jiang v. Garland, No. 19-1911 (2d Cir. 2021)Annotate this Case
The Second Circuit denied a petition for review of the BIA's decision denying petitioner's motion to reopen proceedings. The court explained that recent Supreme Court jurisprudence has established that Notices to Appear issued under 8 U.S.C. 1229(a)(1) that fail to provide time-and-place information for removal proceedings in a single document do not satisfy the statutory requirements in 8 U.S.C. 1229(a)(1), and thus do not cut off the alien's time of continuous presence in the United States needed for discretionary relief from removal.
In this case, the court concluded that an Order to Show Cause, an older version of a charging document issued pursuant to 8 U.S.C. 1252b(a)(1) (1994) prior to the enactment of 8 U.S.C. 1229(a)(1), need not provide that information in a single document in order to cut off the alien's continuous presence in the United States. The court considered petitioner's remaining arguments and found them to be without merit. Accordingly, the court denied all pending motions and applications and vacated all stays.