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PaperclipPerfector  5mo ago (text post)   23859 thread views

Culture War Roundup for the week of June 10, 2024

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But it's a textual nightmare; it means the statute about update notices qualifying never applies.

It's not that it wouldn't apply, it would just be that it would only apply if the time/place had to be changed (from another time/place), right?

Maybe? I'm not sure how: the dissent's take is pretty explicitly that an update notice requires a complete I-862, and Niz-Chavez is pretty explicit that the stop-time rule only applies when a complete I-862 is delivered. And I'd be pretty willing to bet that a complete I-862 without a proper update notice for the real hearing's date wouldn't be any more appealing to Sotomayor (correctly, imo, and maybe even to the majority here). That sounds a lot more like an "and" than an "or", and even that would turn the statute into a necessary authority for an immigration court to reschedule (or serve multiple) hearings, which is pretty far from typical interpretation.

That sounds a lot mhre like an "and" than an "or"

It would be an "or"—whichever, (1) or (2), applies to the relevant hearing.

Mendez-Colín appeared for (multiple) previous hearings and was issued an order of removal after failing to appear at a hearing with an updated notice, and the dissent (and unpublished 9th Circuit opinion) didn't distinguish his case, so that doesn't work.

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