Ortiz-Santiago v. Barr

Federal 7th Circuit Court
Civil Court
Case Number: 
No. 18-3251
Decision Date: 
May 20, 2019
Federal District: 
Petition for Review, Order of Bd. of Immigration Appeals
Petition denied

Ct. of Appeals rejected alien’s claim that failure of DHS to include statutorily-required time and date information for his removal hearing in his initial Notice to Appear (although he subsequently received said information in Notice of Hearing) deprived Immigration Court of jurisdiction to rule on instant removal proceedings. While DHS should have provided alien with time and date information in his Notice to Appear and filed said Notice with Immigration Court, said failure to follow instant claim-processing rule was not jurisdictional flaw. Moreover, alien did not timely object to said failure and was not prejudiced by being issued non-compliant Notice to Appear.