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· 1/31/2024

Aguilar Hernandez

Citations

  • 28 I. & N. Dec. 774

Syllabus

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).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.