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Niz-Chavez v. Garland, 593 U.S. 155 (2021)

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In Niz-Chavez, 593 U.S. at 161, the Supreme Court emphasized that “[t]o trigger the stop-time rule,” a notice to appear must be a “single document” specifying the time and place of the hearing, and a notice of hearing issued after a noncompliant notice to appear does not cure the noncompliant notice to appear or trigger the stop-time rule

Following Pereira and Niz-Chavez, the Board—agreeing with all the courts of appeals that have addressed the matter—held that section 239(a)(1) of the INA, 8 U.S.C. § 1229(a)(1), is not a jurisdictional requirement and that noncompliant notices to appear do not affect the Immigration Court’s jurisdiction over the removal proceedings.