Pierre-Paul v. Barr, No. 18-60275 (5th Cir. 2019)
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Petitioner sought review of the BIA's denial of his application for asylum, withholding of removal, and cancellation of removal. Petitioner also claimed that the IJ violated his due process rights.
The Fifth Circuit denied the petition in part, holding that petitioner's notice to appear, which lacked the time and date of his proceeding, was not defective. Assuming arguendo that the notice to appear was defective, the IJ cured the defect by subsequently sending a notice of hearing that included the time and date of the hearing. Furthermore, assuming arguendo that the notice to appear was defective and the defect could not be cured, 8 C.F.R. 1003.14 was not jurisdictional. Rather, section 1003.14 was a claim-processing rule and petitioner failed to raise the issue in a timely manner. The court dismissed the petition in part, holding that it lacked jurisdiction to review the denial of asylum, withholding of removal, and cancellation of removal.
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