The Board of Immigration Appeals (BIA) found that immigration judges have the authority to correct removal notices. Judges may amend documents that to do not include time and location of removal hearings. The BIA found there are no statutes or regulations limiting the amendment of a notice to appear. Further, they find adding the missing information to an incomplete notice is aligned with general court practices, such as correcting typographical errors or amending allegations that are factual.
The U.S. Department of Homeland Security (DHS) uses notices to appear in immigration court when charging a noncitizen with removability. Per federal law, DHS must let individuals know of the charge, including where and when to appear when their case will be considered. However, each year thousands of notices are identified as missing information. Correcting how that missing information should be handled is a long-standing topic of debate.
In a recent challenge, a Cuban national challenged the legal basis to continue after receiving a faulty notice to appear. The individual claimed that due to the missing information, removal efforts should be stopped. DHS stated the issue could be fixed, providing three suggestions to do so. The immigration judge on the matter rejected the proposed corrections and terminated the case.
BIA found that the immigration court and judge have the authority to add the date and time to the notice. Since the calendar is controlled by the immigration court, the judge is merely updating its own document. The other proposals offered by DHS were rejected.
If you have questions about a notice to appear or any other U.S. immigration related issue, contact us. Our team of experienced attorneys work directly with our clients to ensure they get the right advice for their specific situations.