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Keywords

hearingmotiondue processdeportation

appealhearingmotionwilldue process

Related Cases

Popa v. Holder

Facts

On July 29, 2002, Popa was lawfully admitted to the United States as an exchange visitor authorized to remain until October 19, 2002. After marrying a U.S. citizen, her husband withdrew a petition for her permanent residency without informing her. Subsequently, the government issued a Notice to Appear (NTA) charging her with removability. Popa moved to California but did not update her address with the Immigration Court. The court mailed a hearing notice to her old address, which she did not receive, leading to her removal in absentia.

Issue

Whether the government is permitted to provide notice of removal proceedings to an alien using a two-step process.

The sole issue in this appeal is whether the government is permitted to provide notice of removal proceedings to an alien using a two-step process: (1) sending a Notice to Appear in which the government states that the date and time of the hearing will be provided at a later time and (2) later sending notice of the hearing with the date and time of the hearing.

Rule

The court held that a Notice to Appear that does not include the date and time of an alien's deportation hearing is not defective as long as a notice of the hearing is later sent to the alien.

Although 1229(a)(1)(G)(i) requires a notice to appear to 'specify []' the time and place at which the proceedings will be held, this court has never held that the NTA cannot state that the time and place of the proceedings will be set at a future time by the Immigration Court.

Analysis

The court determined that the two-step notification process did not violate 8 U.S.C.S. 1229(a)(1)(G)(i) since the NTA and the hearing notice combined provided her with the time and place of her hearing. The NTA met the requirements of 1229(a)(1)(F)(ii) as it advised her of her responsibility to update the Immigration Court of any change in address. The court found that the in absentia removal proceedings did not violate her due process rights under the Fifth Amendment since the notice of her hearing was mailed to her last provided address.

Conclusion

The court denied the alien's petition for review of the BIA's decision affirming the IJ's order denying her motion to reopen removal proceedings.

Who won?

The government prevailed in the case because the court found that the notice provided to Popa was sufficient under the law.

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Keywords

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