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Matter of Aguilar Hernandez, 28 I&N Dec. 774 (BIA 2024)

January 31, 2024 (1 min read)

Matter of Aguilar Hernandez, 28 I&N Dec. 774 (BIA 2024) - 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).

[Hats way off to Bashir Ghazialam!]