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Keywords

jurisdictionhearingregulationasylumvisa
jurisdictionprecedenthearing

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Karingithi v. Whitaker

Facts

Karingithi, a native of Kenya, entered the U.S. on a tourist visa and overstayed. The Department of Homeland Security initiated removal proceedings against her in 2009 with a notice to appear that specified the location but not the date and time of the hearing. Karingithi conceded removability but sought asylum and other forms of relief. After several continuances and notices providing the hearing details, the Immigration Judge ordered her removal, which was affirmed by the BIA.

On April 3, 2009, the Department of Homeland Security commenced removal proceedings by filing a notice to appear with the Immigration Court, charging Karingithi with removability under 8 U.S.C. 1227(a)(1)(B). The notice to appear specified the location of the removal hearing. The date and time were 'To Be Set.' The same day, Karingithi was issued a notice of hearing, which provided the date and time of the hearing.

Issue

Did the Immigration Court have jurisdiction over Karingithi's removal proceedings despite the initial notice to appear not specifying the time and date of the hearing?

We consider whether the Immigration Court has jurisdiction over removal proceedings when the initial notice to appear does not specify the time and date of the proceedings, but later notices of hearing include that information.

Rule

Jurisdiction vests in the Immigration Court when a charging document, such as a notice to appear, is filed, and the regulations do not require the time and date of the hearing to be included in the initial notice.

Jurisdiction vests, and proceedings before an Immigration Judge commence, when a charging document is filed with the Immigration Court.

Analysis

The court found that the regulations governing removal proceedings did not mandate that the initial notice to appear include the time and date of the hearing. Instead, the regulations allowed for this information to be provided later, and Karingithi had received multiple follow-up notices that included the necessary details. Therefore, the court concluded that the Immigration Judge had jurisdiction over the proceedings.

Because the charging document in this case satisfied the regulatory requirements, we conclude the Immigration Judge ('IJ') had jurisdiction over the removal proceedings.

Conclusion

The Ninth Circuit affirmed the BIA's decision, concluding that the Immigration Court had jurisdiction over Karingithi's removal proceedings and denied her petition for review.

We conclude that the IJ had jurisdiction over Karingithi's removal proceedings and that the Board properly denied her petition.

Who won?

Whitaker (the government) prevailed because the court found that the Immigration Court had jurisdiction over the removal proceedings despite the initial notice's deficiencies.

The BIA recently issued a precedential opinion in which it rejected an argument identical to the one advanced by Karingithi. Bermudez-Cota, 27 I. & N. Dec. at 442-44.

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