Does a summary dismissal of a removal petition constitute 'the essence of our judicial system'?

Petitioner, however, contends that the district court's failure to give him notice of the proposed dismissal and an opportunity to present arguments in opposition denied him the 'essence of our judicial system', citing People v. Pobuta, 437 F.2d 1200 (9 Cir. 1971). Pobuta, supra, is inapposite, however, because in that case the district court summarily and without notice dismissed a removal petition on the merits. This court held that the district court had thereby deprived the petitioner of 'the 'essence of our judicial system'--'the right to a hearing on the merits of a claim over which the court has jurisdiction." Id. at 1200 (emphasis added). In the present case, the petition was untimely and the district court was therefore without jurisdiction to decide the merits. Summary dismissal was the proper course of action.