Wescley Fonseca Pereira, a native and citizen of Brazil, was lawfully admitted to the United States in December 2000 as a temporary non-immigrant visitor. He overstayed his visa and in 2006 was arrested in Massachusetts for operating a vehicle while intoxicated. While he was detained on May 31, 2006, he was served a Notice to Appear by the Department of Homeland Security (DHS) which alerted him that removal proceedings were being initiated against him since he overstayed his visa and listed consequences if he did not appear. However, the notice did not specify a time or place for the hearing. It only ordered him to appear before an Immigration Judge in Boston “on a date to be set at a time to be set."Pereira v. Sessions (2018). SupremeCourt.gov p. 6
