What did the Supreme Court actually decide?
Most people without green cards need 10 years of continuous physical presence to ask a judge for cancellation of removal; abused spouses and children have a separate 3-year rule. Under the stop-time rule in 8 U.S.C. § 1229b(d)(1), that period ends when you are served a Notice to Appear. Pereira held that a paper failing to name the specific time or place of the hearing is not a real Notice to Appear, so it does not end the period. Mr. Pereira came from Brazil in 2000 and overstayed. In 2006 DHS served a form saying the date would be set later. A 2007 hearing notice went to the wrong address, and he was ordered removed in his absence. Next step: find your own Notice to Appear and read the date line before you count any years.
How do I tell whether my notice stopped the clock?
Look at the line ordering you to appear. If the date or time is blank or says to be set, that form did not stop the clock, and under Niz-Chavez v. Garland a later hearing notice does not repair it. If one form names the date, time and place, the clock stopped on the day you were served. Check the Certificate of Service at the end. Two other things can hurt you. The clock also ends when you commit an offense covered by the statute, whichever comes first. And a departure of more than 90 days, or departures totaling more than 180 days, breaks presence. Next step: write a year-by-year timeline with leases, tax records and school papers, list every trip, and mark the service date on it.
Does a defective notice end my case or excuse me from court?
No. The Board has refused to stretch Pereira. In Matter of Fernandes (2022) it held that the time and place requirement is a rule you must invoke, not a limit on the court's power. An objection is generally timely before pleadings close; raised first in a motion to reopen, it is forfeited under Matter of Nchifor. Matter of Lopez-Ticas (2025) says the defect is no reason to withdraw pleadings already made. Objecting carries a risk. Matter of Aguilar Hernandez (2024) calls it a strategic decision: if you stay silent, your time keeps counting; if you object and DHS cures the notice, the clock stops. A Form I-261 cannot cure it, but under Matter of R-T-P- (2024) a judge's written amendment on DHS's motion may. Next step: before your master calendar hearing, count your years with a lawyer and decide whether to object; someone months short of 10 years could be hurt by objecting.
I already have a removal order. Can Pereira help me now?
Possibly, but not by itself. In Matter of Chen (2023) the Board agreed with the Ninth Circuit that a final removal order does not stop the clock; only a compliant notice or a listed offense does. That helps only if the case reopens. Ms. Chen's motion was late and she asked the Board to reopen on its discretionary authority. She lost: someone relying on a change in law must also show she otherwise qualifies for the relief. A change in law alone does not open a late motion. A motion to reopen is generally due within 90 days of the final order and you generally get one. The fee before a judge is $1,095, or $950 if the motion rests only on relief with no application fee, and a judge may waive it on Form EOIR-26A. Next step: have a lawyer read the order and notice first, because a weak motion can use up your only chance.
If I have 10 years, what is still missing?
Most of the case. Ten years only opens the door to cancellation under INA § 240A. You also need good moral character, no disqualifying conviction, and exceptional and extremely unusual hardship to a citizen or resident spouse, parent or child. That last element is the hard one, and the grant is discretionary. Only 4,000 of these grants are allowed each year. The stop-time rule also applies to the 7 years of continuous residence that green card holders need. The fee is $1,690 on Form EOIR-42B, or $730 on Form EOIR-42A for green card holders, plus any biometrics fee, and a judge may waive it if you show you cannot pay. Next step: collect proof of hardship now, and do not ask to be placed in court in order to apply; a case can end in a removal order.
Does the same defect matter anywhere else?
Yes, in one more place, and not in the place most people hope. Voluntary departure at the end of a case requires one year of presence before the notice was served. In Matter of M-F-O- (2021), following the Ninth Circuit, the Board held that a notice without the time or place does not end that year, even after a later hearing notice. The defect does not, however, undo a missed hearing: under Campos-Chaves v. Garland, proper notice of the hearing you missed is enough for an order to stand. Next step: bring every paper the government has sent you to one review, including envelopes. Ace Immigration's removal defense page explains how we check a notice against your timeline before you plead.