Does a Notice to Appear need to state the date, time, and place of a removal hearing at the time it is sent?

MultiRegion, United States of America

The following excerpt is from Lopez v. Barr, 925 F.3d 396 (9th Cir. 2019):

8 C.F.R. 1003.18(b) (emphasis added). We reasoned that such a regulation is necessary "[b]ecause circumstances may arise in which it is not feasible ... to state the date, time, and place of a removal hearing at the time the [Notice to Appear] is sent." Popa , 571 F.3d at 896. Pereira rejected this rationale, see 138 S. Ct. at 211819, and we have acknowledged that " Pereira appears to discount the relevance of 8 C.F.R. 1003.18 in the ... context of eligibility for cancellation of removal." Karingithi v. Whitaker , 913 F.3d 1158, 1160 n.1 (9th Cir. 2019).

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