8 CFR 1003.15 - Contents of the order to show cause and notice to appear and notification of change of address
| Cite as | 8 CFR 1003.15 |
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261 practice notes
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In re M-D-C-V, Interim Decision #3989
...proper notice of the nature of the proceedings and the charge of inadmissibility, as required by section 239(a)(1) of the Act and 8 C.F.R. § 1003.15(b) (2020). See also id. at 834 & n.9 (noting that the DHS may amend the notice to appear or file a Form I-261 with additional charges of i......
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Morales-Izquierdo v. Gonzales, No. 03-70674.
...order explains why the alien is in proceedings and under what legal authority, and it provides the address of the Immigration Court. 8 C.F.R. § 1003.15. The order also states that an alien must advise that court of any change in address, and that failure to provide such information may resu......
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United States v. Niebla-Ayala, EP-18-CR-3067-KC
...that the NTA served on Niebla provided the IJ with jurisdiction because it complied with the regulatory definition of an NTA found in 8 C.F.R. § 1003.15(b). Resp. 8–9. The Court is not persuaded. After Pereira , there is reason to conclude that § 1003.15(b) is ultra vires —that is, by follo......
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Martinez v. Barr, No. 17-72186
...the immigration court with notice of a change in address, and she has "five days" to do so after changing her address. 8 C.F.R. § 1003.15(d)(2).3 The actions of the IJ are puzzling. By denying the first MTR, the IJ had issued a final, appealable order on June 9, 2010—and, in fact,......
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253 cases
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In re M-D-C-V, Interim Decision #3989
...proper notice of the nature of the proceedings and the charge of inadmissibility, as required by section 239(a)(1) of the Act and 8 C.F.R. § 1003.15(b) (2020). See also id. at 834 & n.9 (noting that the DHS may amend the notice to appear or file a Form I-261 with additional charges of inadm......
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United States v. Niebla-Ayala, EP-18-CR-3067-KC
...that the NTA served on Niebla provided the IJ with jurisdiction because it complied with the regulatory definition of an NTA found in 8 C.F.R. § 1003.15(b). Resp. 8–9. The Court is not persuaded. After Pereira , there is reason to conclude that § 1003.15(b) is ultra vires —that is, by follo......
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United States v. Chavez-Flores, EP-18-CR-03229-FM
...unfair under Section 1326(d)(3).20 In the alternative, the Government asserts the Immigration Court had jurisdiction over Defendant.21 8 C.F.R. 1003.15 does not require the NTA to contain the hearing's time and date.22 The Government also argues that, even if the NTA was deficient, the NOH ......
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United States v. Arroyo, EP-18-CR-02049-DCG
...categories of information, including "[t]he time and place at which the proceedings will be held." 8 U.S.C. § 1229(a)(1) ; but see 8 C.F.R. § 1003.15 (requiring a "notice to appear" to include all of the statutory categories of information, except the time of hearing). Defendant insists tha......
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