The Third Circuit has determined that a Notice to Appear which does not list the time and date of a non-citizen's immigration court hearing does not affect the non-citizen's accrual of physical presence for cancellation of removal.  The court found that the Department of Homeland Security must comply with the regulations governing Notices to Appear - which require that the notices include the time, date, and location of a future hearing - in order to trigger the "stop time" rule, which holds that continuous physical presence ends with the service of a Notice to Appear.

The full text of Orozco-Velasquez v. Attorney General can be found here: http://www2.ca3.uscourts.gov/opinarch/131685p.pdf

Comment