Warning on “Fake Date” Notices to Appear
January 15, 2019
Following the Supreme Court’s decision in Pereira v. Sessions, 138 S. Ct. 2105 (2018) (holding that a putative notice to appear that fails to designate the specific time or place of a noncitizen’s removal proceedings is not a notice to appear under 8 U.S.C.S. § 1229(a)), the U.S. Department of Homeland Security (DHS) issued certain Notices to Appear (NTAs) with “fake” hearing dates and times. Without consulting with the Immigration Courts, DHS arbitrarily chose dates and times for upcoming hearings in removal proceedings in a misguided attempt to comply with Pereira v. Sessions. Many respondents with “fake date NTAs” have appeared at court on the designated date and time listed on their NTAs only to discover that their NTAs have not been filed with the court or that their hearings were scheduled for different dates. Scott D. Pollock & Associates, P.C. advises individuals who have received NTAs to call the EOIR 1-800# and/or Immigration Court in their jurisdiction to confirm the accurate date and time for their hearings.