2017 Supreme Court term

WESCLEY FONSECA PEREIRA v. JEFFERSON B. SESSIONS, III

Dockets 17-459Argued
AI-generated independent summary

This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.

In brief

Overview

According to Petitioner, the stop‑time rule requires the government to serve a notice to appear that includes the date and time of the hearing; without those details the rule may not be triggered.

The Board of Immigration Appeals has held that there are no substantive requirements on a notice to appear to trigger the stop‑time rule.

Background and question before the Court

Justice Kagan asked whether the ten statutory requirements for a notice to appear define the notice.

Justice Gorsuch asked why one approach might be better for the petitioner’s client.

Justice Sotomayor asked whether the client’s ability to force a hearing begins only after filing in immigration court.

Justice Kagan later asked Mr. Liu to return to the statutory language and clarify his assertion that the definition is clear.

What each side argues

Petitioner Position

The petitioner argues that the stop‑time rule requires the government to serve a notice to appear that includes the date and time of the hearing.

According to Mr. Zimmer, mr. Zimmer emphasized that there is a practical difference in cases like Camarillo where the notice‑to‑appear requirements are not met.

Mr. Liu contended that a notice to appear lacking a date and time is still a valid notice to appear.

Mr. Liu argued that Congress intended the stop‑time rule to apply to notices issued before the statute’s effective date.

Respondent Position

Source-limited. The record does not yet support a complete account.

What happened at oral argument

Justice Kagan asked whether the ten statutory requirements for a notice to appear define the notice.

Justice Gorsuch asked why one approach might be better for the client.

Justice Sotomayor asked whether the client’s ability to force a hearing begins only after filing in immigration court.

Justice Kagan later asked Mr. Liu to return to the statutory language and clarify his assertion that the definition is clear.

What the Court decided

Pending This section will be added when the relevant Court material is available.

Why it matters

Source-limited The available primary sources do not support a complete explanation yet.

Terms to know

No glossary terms are available for this guide.

Primary sources

Read the source materials on the official site or open the immutable repository copy used for this guide.

  • 4c0e9fa0f355f9ee84a7-r1-362e695b0f41fbd8.pdforal argument transcript

Guide generated September 26, 2026. Automated validation accepted this version.