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jurisdictionstatuteappealhearingmotionregulation
jurisdictionstatutehearingmotionregulation

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Goncalves Pontes v. Barr

Facts

Danielson Mendes Goncalves Pontes, a Cape Verdean national, was served with a Notice to Appear (NTA) in September 2017, charging him with removability based on a protective-order conviction. The NTA did not specify the time and place of the hearing. After being detained by ICE, he received a notice of hearing for a specific date. The immigration judge ultimately denied his application for relief from removal and ordered him removed to Cape Verde. Pontes appealed to the Board of Immigration Appeals (BIA), arguing that the NTA was ineffective due to the lack of time and place specification.

The petitioner was admitted to the United States and became a lawful permanent resident on March 2, 2010. On December 20, 2013, he was convicted in a Massachusetts court of violating a protective order. In September 2017, federal authorities served him with an NTA, which informed him that he was being charged with removability based on the protective-order conviction, and directed him to appear in the immigration court in Boston on an unspecified future date.

Issue

Did the Notice to Appear (NTA) that lacked specification of the time and place of the initial hearing confer subject-matter jurisdiction on the immigration court in removal proceedings?

The question before us, then, is whether the requirements that section 1229(a) establishes for NTAs pertain to the commencement of removal proceedings generally.

Rule

The court applied the regulations set forth in 8 C.F.R. 1003.14(a), 1003.13, 1003.15, and 1003.18(b), which state that an NTA need only provide the time and place of the initial hearing 'where practicable' and that jurisdiction vests when a charging document is filed with the Immigration Court.

The regulations also specify what information must be contained in an NTA, such as the nature of the proceedings against the alien, the legal authority for the proceedings, and the charges brought. See id. 1003.15. Of particular pertinence for present purposes, the regulations state that an NTA need only provide the time and place of the initial hearing 'where practicable.' Id. 1003.18(b).

Analysis

The court found that the NTA served on Pontes was sufficient to confer jurisdiction on the immigration court despite the absence of specific time and place details. The court reasoned that the regulations allow for flexibility in the specification of time and place, and the NTA complied with the requirements as interpreted by the BIA. The court also noted that the Supreme Court's decision in Pereira v. Sessions did not invalidate the NTA in this context.

The court found that the NTA served on Pontes was sufficient to confer jurisdiction on the immigration court despite the absence of specific time and place details. The court reasoned that the regulations allow for flexibility in the specification of time and place, and the NTA complied with the requirements as interpreted by the BIA. The court also noted that the Supreme Court's decision in Pereira v. Sessions did not invalidate the NTA in this context.

Conclusion

The court concluded that the petitioner's motions to terminate his removal proceedings were properly denied, and the BIA's final order of removal was in accordance with law.

We hold that the petitioner's motions to terminate his removal proceedings were properly denied and that the BIA's final order of removal was in accordance with law.

Who won?

The government prevailed in the case, as the court upheld the BIA's decision that the NTA was sufficient to confer jurisdiction and did not conflict with the relevant statutes.

The government prevailed in the case, as the court upheld the BIA's decision that the NTA was sufficient to confer jurisdiction and did not conflict with the relevant statutes.

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