Ferreira v. Barr, No. 18-2211 (1st Cir. 2019)Annotate this Case
The First Circuit denied Petitioner's petition for judicial review of a decision of the Board of Immigration Appeals (BIA) dismissing Petitioner's appeal of the immigration court's order of removal and its denial of his application for cancellation of removal, holding that there was no merit to Petitioner's arguments.
On appeal, Petitioner argued, among other things, that the notice to appear (NTA) that initiated his removal proceedings was defective because it omitted the date and time of his initial removal hearing, and thus, the immigration court lacked jurisdiction over the proceedings and the removal order was without effect. The First Circuit affirmed, holding (1) for the same reasons as were explicated in Goncalves Pontes v. Barr, __ F.3d __ (1st Cir. 2019), Petitioner's NTA was effective to commence removal proceedings in the immigration court; and (2) the BIA did not err in rejecting Petitioner's claim for relief from removal premised upon the allegedly ineffective assistance of Petitioner's counsel.