In Niz-Chavez v. Garland, a 6-3 U.S. Supreme Court held in favor of an illegal alien by interpreting the "stop-time" rule to require the government to provide all of its information for deportation in one document, rather than two or more documents. This was yet another pro-illegal alien opinion written by Associate Justice Neil Gorsuch:
| “ | [The illegal alien] emphasizes that the continuous-presence clock stops upon service of “a notice to appear.” §1229b(d)(1). That language, according to Niz-Chavez, means that, to stop the 10-year clock, the Government must provide all the required information in one document, rather than two. The Government responds that the statute includes no such requirement and that the Government may serve a notice to appear in two documents, with the time and place of the hearing coming in the second document and the 10-year clock stopping then.
The Court today agrees with Niz-Chavez that, in order to stop the 10-year clock, the Government must provide written notice in one document, not two. |
” |
Niz-Chavez v. Garland, 141 S. Ct. 1474, 1488 (2021) (Kavanaugh, J., dissenting).
The dissent, written Justice Brett Kavanaugh, found "the Court’s conclusion rather perplexing as a matter of statutory interpretation and common sense." Id.