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Published on 04/11/2016
Published on 11/19/2015
Brazilian Man's Legal Victory Is Milestone Against Deportations In The US
08/17/2018 - 12h20
Wescley Pereira, a 37-year-old Brazilian handyman, doesn't want to talk to the press. But after a five-year legal battle to avoid deportation, all Pereira wants is to go on with his life in Martha's Vineyard, where he lives with his Brazilian wife and two US-born daughters.
But a U.S. Supreme Court decision involving Pereira might have set the most important precedent to help thousands of illegal immigrants to seek American citizenship, and at the same time, bringing the United States Judiciary into utter and complete chaos.
By 8 votes to one, justices of America's highest court decided, in late June, that the U.S. government cannot send "notices to appear" in immigration court without designating time and date for the hearing, as it happened with Pereira.
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This notice also "stopped the clock", which meant that the time from the notice until the audience would not count towards the immigrant stay in the US.
This is important because if someone had stayed for 10 consecutive years in the US, it could be possible to request a cancellation of removal, if other requirements are met, such as paying taxes and requesting citizenship.
In Pereira's case, he had been in the United States for six years when the notice was issued, with no date or place designated – that information was only sent 18 months later, and the case was only heard in March 2013.
Translated by NATASHA MADOV
"[Read the article in the original language]"https://www1.folha.uol.com.br/mundo/2018/08/vitoria-de-brasileiro-cria-marco-contra-deportacoes-nos-eua.shtml