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CA3 on Defective NTA: Madrid-Mancia v. Atty. Gen.

July 05, 2023 (1 min read)

Madrid-Mancia v. Atty. Gen.

"Edin Donelsy Madrid-Mancia received a document labeled “Notice to Appear” from the Department of Homeland Security informing her that she faced removal, but it omitted the date and time of her removal hearing. A harmless oversight, reasons the Department of Justice, because it sent Madrid-Mancia a second document (this one labeled “Notice of Hearing”) years later providing the missing information. When Madrid-Mancia did not appear as directed, she was ordered removed in absentia. But Congress only allows a supplemental notice “in the case of any change or postponement in the time and place of [an alien’s removal] proceedings.” 8 U.S.C. § 1229(a)(2)(A). Here, no change or postponement occurred, and DHS never issued a new Notice to Appear, so we will grant Madrid-Mancia’s petition and remand for the agency to rescind her removal order."

[Hats off to Aleksandra Gontaryuk!]