Avila de la Rosa v. Garland, No. 20-1956 (7th Cir. 2021)
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Avila, a Mexican citizen, has lived continuously in the U.S. since he entered as a minor in 2008. He committed an infraction that led to a disorderly conduct charge in 2019. Days after he pleaded guilty to that charge, he was placed in removal proceedings. A Notice to Appear at a removal hearing must include “[t]he time and place at which the proceedings will be held,” 8 U.S.C. 1229(a)(1)(G)(i). The Notice that Avila received did not comply with that requirement. He later received a “Notice of Hearing” with those details.
Avila moved to terminate his proceedings on the ground that the Notice he received was defective. The IJ denied that motion and ordered Avila removed. Although the BIA acknowledged that the Notice was noncompliant, it reasoned that Avila was not entitled to relief because he had not shown that the defects in the Notice prejudiced him in any way. The Seventh Circuit remanded. While the requirements are not jurisdictional but are mandatory claims-processing rules, entitlement to relief does not depend on a showing of prejudice.
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