Pereira v. Sessions

138 S. Ct. 2105 (2018)

From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Pereira v. Sessions

United States Supreme Court
138 S. Ct. 2105 (2018)

Play video

Facts

Wescley Pereira (defendant) was a native of Brazil. In 2000, Pereira was admitted to the United States as a temporary non-immigrant visitor. After Pereira’s visa expired, he remained in the United States. In 2006, Pereira was arrested. While Pereira was detained, the federal government (plaintiff) served Pereira in person with a document labeled “Notice to Appear.” This putative notice did not specify the date and time of Pereira’s removal hearing. The court then attempted to mail Pereira a more specific notice setting the date and time for his hearing. That notice was returned as undeliverable. Because Pereira never received notice of the time and date of his hearing, he failed to appear. The immigration court ordered Pereira removed in absentia. Pereira was unaware of the removal order and remained in the United States. In 2013, Pereira was again arrested. The immigration court reopened Pereira’s removal proceedings. Pereira applied for cancellation of the removal, arguing that he met the cancellation criteria of being continuously present in the United States for at least 10 years. Pereira claimed that the stop-time rule was not triggered by the initial notice because that document lacked information about the time and date of his hearing. The Supreme Court granted cert.

Rule of Law

Issue

Holding and Reasoning (Sotomayor, J.)

Concurrence (Kennedy, J.)

Dissent (Alito, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 804,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 804,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 804,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership