Does a Notice to Appear need to state the date, time, and place of a removal hearing at the time it is sent?

MultiRegion, United States of America

The following excerpt is from Lopez v. Barr, 925 F.3d 396 (9th Cir. 2019):

8 C.F.R. 1003.18(b) (emphasis added). We reasoned that such a regulation is necessary "[b]ecause circumstances may arise in which it is not feasible ... to state the date, time, and place of a removal hearing at the time the [Notice to Appear] is sent." Popa , 571 F.3d at 896. Pereira rejected this rationale, see 138 S. Ct. at 211819, and we have acknowledged that " Pereira appears to discount the relevance of 8 C.F.R. 1003.18 in the ... context of eligibility for cancellation of removal." Karingithi v. Whitaker , 913 F.3d 1158, 1160 n.1 (9th Cir. 2019).

Other Questions

Does the statute of limitations under the AEDPA apply during the time between the date of a judgment becoming final and the date on which the petitioner files his first state collateral challenge? (MultiRegion, United States of America)
Is there any case law where a notice to appear does not include the date of an immigration hearing? (MultiRegion, United States of America)
Does the statute of limitations under the AEDPA apply during the time between the date that a judgment becomes final and the date on which the petitioner files his first state collateral challenge? (MultiRegion, United States of America)
Is the statute tolling of the statute limitations period "from the time a final decision on direct state appeal [to] the time the first state collateral challenge is filed"? (MultiRegion, United States of America)
Is the statute of limitations tolled from the time of a final decision on direct state appeal and the time the first state collateral challenge is filed? (MultiRegion, United States of America)
Does the statute of limitations extend from the time a final decision is issued on direct state appeal to the time the first state collateral challenge is filed? (MultiRegion, United States of America)
What is the statute tolling of the limitations period between the time a final decision is issued on direct state appeal and the time the first state collateral challenge is filed? (MultiRegion, United States of America)
What is the effect of a federal evidentiary hearing on evidence developed at a state court hearing? (MultiRegion, United States of America)
Does a state have a right to be free from the burden of proof in a retrospective state competency hearing? (MultiRegion, United States of America)
In a superseding indictment, where there is no specific date set forth in the original indictment, what is the current state of the law on time? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.






Alexi purple


Company

  • About
  • Contact us
  • Press
  • Matters
  • Legal

    • Product

  • How it works
  • Pricing
  • Solo & small firms
  • Midsize firms
  • Large firms
  • In-house counsel

    • Resources

  • Resource hub
  • Sample memos
  • Blog
  • FAQ


    • © Copyright 2023 Alexi Inc. All rights reserved.