Agusto Niz-Chavez fled Guatemala and all its glorious violence for the good ole USA in 2005. Since then, he knocked up his wife here three separate times, so now he’s got three citizen babies.
In 2013 he got pulled over for a fucked up taillight, and officers busted him and sent him to immigration. He was issued a Notice to Appear (NTA) which told him to appear in court.
So this is basically a rules issue. If you’re here for more than ten years, we basically say you can stay, barring you being a scumbag murderer or some shit.
Chavez is like, “I’ve been here ten years, assholes. Why are you bothering me. I did my time, I’m here now.”
But the lower court judge was like, “Wait a minute fuck face, you were only here eight years when you got the NTA, and that triggers a stop time rule, meaning that when considering if you fulfilled the ten year requirement, any time after you got the NTA doesn’t count. But Chavez was like, “How can you say the stop time rule is in effect when the notice you sent, didn’t even have a fucking date as to when I was supposed to be removed?”
So basically Chavez ‘s team is trying to say because the notice he initially received didn’t have all the relevant info on it that Chavez needed, the time bar shouldn’t have kicked in, because they fucked up.
So basically, SCOTUS is being asked to let him off on a technicality.
In a 6:3 opinion, where Justices Roberts, Alito, and Kavanaugh dissented, SCOTUS ruled in favor of Niz-Chavez. As Oyez.com writes, the opinion stated that The government must serve a single document that includes all the required information for the notice to appear to trigger the IIRIRA’s stop-time rule.
The dissenters felt like there is no need for all that bullshit. Once you receive the NTA, you know you’ve been fucking told, and you know the government is on to you. You don’t get off because they don’t have a date set yet, or some shit.
Hear oral arguments or read about the case here at Oyez.com