Link – Click here for decision
Holding: The Department of Homeland Security cannot remedy a notice to appear that lacks the date and time of the initial hearing before the Immigration Judge by filing a Form I-261 because this remedy is contrary to the plain text of 8 C.F.R. § 1003.30 and inconsistent with the Supreme Court’s decision in Niz-Chavez v. Garland, 593 U.S. 155 (2021).
Analysis:
In Matter of Aguilar Hernandez, 28 I&N Dec. 774 (BIA 2024), the Board held that DHS cannot remedy a noncompliant notice to appear by filing a Form I-261. Specifically, the Board concluded that 8 C.F.R. § 1003.30 (2024), the regulation governing this form, does not permit the form to be used to provide the time and place of a hearing. Matter of Aguilar Hernandez, 28 I&N Dec. at 777–78