Karingithi v. Whitaker, No. 16-70885 (9th Cir. 2019)
Annotate this CaseA notice to appear that does not specify the time and date of an alien's initial removal hearing vests an immigration judge with jurisdiction over the removal proceedings, so long as a notice of hearing specifying this information is later sent to the alien in a timely manner. The Ninth Circuit denied a petition for review of the BIA's decision denying petitioner relief from removal. In this case, because the charging document satisfied the regulatory requirements, the panel held that the IJ had jurisdiction over the removal proceedings. The panel also noted that petitioner had actual notice of the hearings through multiple follow-up notices that provided the date and time of each hearing.
Court Description: Immigration. The panel denied Serah Karingithi’s petition for review of the Board of Immigration Appeals’ denial of relief from removal, holding that a notice to appear that does not specify the time and date of an alien’s initial removal hearing vests an immigration judge with jurisdiction over the removal proceedings, so long as a notice of hearing specifying this information is later sent to the alien in a timely manner. The Supreme Court recently held in Pereira v. Sessions, 138 S. Ct. 2105 (2018), that a notice to appear lacking the time and date of the hearing before an immigration judge is insufficient to trigger the stop-time rule for purposes of cancellation of removal relief. In light of Pereira, Karingithi argued that a notice to appear lacking the time and date of the hearing was insufficient to vest jurisdiction with the immigration court. The panel rejected this argument. The panel noted that Pereira addressed the required contents of a notice to appear in the context of the stop-time rule and the continuous physical presence requirement for cancellation of removal under 8 U.S.C. §§ 1229(a), 1229b, but was not in any way concerned with the immigration court’s jurisdiction. The panel held that Pereira’s narrow ruling does not control the analysis of the immigration court’s jurisdiction because, unlike the stop-time rule, the immigration court’s
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