Goncalves Pontes v. Barr, No. 19-1053 (1st Cir. 2019)Annotate this Case
The First Circuit denied Petitioner's petition for judicial review of a final order of the Board of Immigration Appeals (BIA) ordering Petitioner removed to his homeland of Cape Verde and denying his motions to terminate removal proceedings, holding that the BIA's order of removal was in accordance with law.
On appeal, Petitioner argued that because the notice to appear (NTA) that initiated the removal proceedings against him did not include the date and time of his contemplated hearing, it was a defective charging instrument and thus ineffectual to commence removal proceedings. Consequently, Petitioner argued, the immigration court did not acquire jurisdiction over his removal proceedings and the agency's final order of removal was a nullity. The First Circuit disagreed, holding (1) Petitioner's NTA complied with the regulations as reasonably interpreted by the BIA, and therefore, the NTA was effective to confer jurisdiction upon the immigration court; (2) Petitioner's motions to terminate his removal proceedings were properly denied; and (3) the BIA's final order of removal was lawful.