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The BIA invited amici to submit briefs on the following question:
"Whether, and if so to what extent, Niz-Chavez v. Garland, 141 S. Ct. 1474 (2021), impacts the jurisdiction of an Immigration Court where the Notice to Appear fails to satisfy the statutory requirements of section 239(a) of the Act, 8 U.S.C. § 1229(a)?"
On Aug. 10, 2021, the Round Table of Former Immigration Judges submitted this brief. Former BIA Chairman, the Hon. Paul W. Schmidt, says the "key quote" is this: "[I]n absentia orders involving proceedings commenced through a defective NTA are rendered invalid by Niz-Chavez. This is true whether the Board ultimately determines that the decision impacts the Immigration Courts’ jurisdiction, or is in the alternative a claim-processing rule."