Split BIA Says Faulty Notice Revives Deportation Case 1 Split BIA Says Faulty Notice Revives Deportation Case

Split BIA Says Faulty Notice Revives Deportation Case

By Donald Morrison (August 4, 2022, 6:21 PM EDT) — A split Board of Immigration Appeals panel on Thursday ruled that a missing time and date on a deportation notice was enough to revive a Portuguese immigrant’s suit challenging his removal, finding that prejudice need not be shown when challenging an alleged processing violation.

A majority of the three-judge BIA panel found that Ricardo Marcelo Fernandes correctly challenged the usefulness of a U.S. Department of Homeland Security notice to appear that read only “to be set,” instead of listing the time and date of his hearing, remanding an immigration judge’s decision ordering his removal.

“While an immigration judge cannot simply ignore or overlook…