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Keywords

jurisdictionstatutehearingmotionmotion to dismiss
jurisdictionstatutehearingmotionmotion to dismiss

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Baz-Bautista; U.S. v.

Facts

Urbano Baz-Bautista, a citizen of Mexico, was indicted on February 21, 2017, for illegal reentry into the United States after being removed on June 3, 2010. He was served with a 'Notice to Appear' while in immigration custody, which stated he was subject to removal but did not include a specific time for the hearing. Although he was ordered removed, he later reentered the U.S. and was subsequently indicted for illegal reentry based on the prior removal order.

Urbano Baz-Bautista, a citizen of Mexico, was indicted on February 21, 2017, for illegal reentry into the United States after being removed on June 3, 2010. He was served with a 'Notice to Appear' while in immigration custody, which stated he was subject to removal but did not include a specific time for the hearing. Although he was ordered removed, he later reentered the U.S. and was subsequently indicted for illegal reentry based on the prior removal order.

Issue

Did the immigration court lack jurisdiction to render the removal order due to a statutorily deficient notice to appear?

Did the immigration court lack jurisdiction to render the removal order due to a statutorily deficient notice to appear?

Rule

A notice to appear that fails to designate the specific time or place of the noncitizen's removal proceedings is not a 'notice to appear under [Section] 1229(a)' and does not trigger the stop-time rule.

A notice to appear that fails to designate the specific time or place of the noncitizen's removal proceedings is not a 'notice to appear under [Section] 1229(a)' and does not trigger the stop-time rule.

Analysis

The court analyzed whether the immigration court had jurisdiction despite the alleged deficiencies in the notice to appear. It recognized the Supreme Court's holding in Pereira v. Sessions, which stated that a defective notice does not trigger the stop-time rule. However, the court found that neither the statute nor the Pereira decision explicitly stated that a defective notice deprived the immigration court of jurisdiction. Therefore, the court concluded that the immigration court had the authority to issue the removal order.

The court analyzed whether the immigration court had jurisdiction despite the alleged deficiencies in the notice to appear. It recognized the Supreme Court's holding in Pereira v. Sessions, which stated that a defective notice does not trigger the stop-time rule. However, the court found that neither the statute nor the Pereira decision explicitly stated that a defective notice deprived the immigration court of jurisdiction. Therefore, the court concluded that the immigration court had the authority to issue the removal order.

Conclusion

The court denied Baz-Bautista's motion to dismiss the indictment, holding that the immigration court had jurisdiction to issue the removal order despite the alleged deficiencies in the notice to appear.

The court denied Baz-Bautista's motion to dismiss the indictment, holding that the immigration court had jurisdiction to issue the removal order despite the alleged deficiencies in the notice to appear.

Who won?

The Government prevailed in this case because the court found that the immigration court had jurisdiction to issue the removal order, thus upholding the indictment for illegal reentry.

The Government prevailed in this case because the court found that the immigration court had jurisdiction to issue the removal order, thus upholding the indictment for illegal reentry.

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