On January 31, the Board of Immigration Appeals (BIA) made a significant decision with broad implications. In the case of Luis Aguilar Hernandez, the BIA determined that if someone receives a Notice to Appear from immigration courts stating that the date and time of the hearing are to be determined and subsequently receives a Notice of Hearing and attends the initial Notice to Appear appointment, they can argue that the original notice was flawed because it lacked the specified date and time. The BIA concluded that in deportation proceedings if the Notice to Appear does not include the date and time of the hearing, it is considered improper service.
The Department of Homeland Security (DHS) must adhere to specific guidelines during deportation proceedings. If an incorrect Notice to Appear is issued without specifying a date and time, it cannot be rectified by issuing a new Notice of Hearing.
Under section 239(a)(1)(G)(i) of the Immigration and Nationality Act (INA), the court ruled that an improper Notice to Appear can stop or delay removal proceedings. In this BIA case, the court ruled that government officials must follow specific rules and procedures when handling immigration cases. This decision ensures that everyone in immigration court receives fair treatment and that the government acts lawfully. The case highlights efforts to make immigration court processes more just and transparent, and protect the rights of all immigrants – including undocumented individuals and noncitizens.
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Don’t try to fight the U.S. immigration system alone. An experienced immigration and deportation defense attorney can review your case and help you fight against removal proceedings. To discuss your case with a trusted deportation defense attorney, contact Godoy Law Office Immigration Attorneys today for more information. An attorney can sit with you and thoroughly assess your case so you can confidently take your next steps.
Call us today at 630-345-4164.
Immigration Attorney Mario Godoy has years of experience guiding clients with immigration issues through the immigration process along with guiding clients through the criminal case. Godoy focuses on family-based immigration law, business immigration law, removal defense, and criminal defense representation of immigrants. A criminal charge or conviction can be devastating to your immigration case. With over a decade of immigration law experience and memories of family members who were deported due to bad legal advice, Godoy is committed to helping other immigrant families receive the legal justice they deserve. As a legal entrepreneur who practices immigration law, criminal law, estate and probate law, and running two successful law firms, Mario Godoy understands the importance of keeping families together and making a home and future in America.
