[22-674] Campos-Chaves v. Garland

Campos-Chaves v. Garland

Wikipedia · Justia · Docket · oyez.org

Argued on Jan 8, 2024.

Petitioner: Moris Esmelis Campos-Chaves.
Respondent: Merrick B. Garland, Attorney General.

Advocates:

• Charles L. McCloud (for the United States)
• Easha Anand (for the Petitioner in 22-674 and the Respondent in 22-884)

Facts of the case (from oyez.org)

Moris Campos-Chaves, a native and citizen of El Salvador, entered the United States illegally on January 24, 2005, and was served with a Notice to Appear (NTA) on February 10, 2005. He was charged as removable under 8 U.S.C. § 1182(a)(6)(A)(i). When Campos-Chaves did not appear for his hearing, he was ordered removed in absentia.

Years later, on September 18, 2018, Campos-Chaves moved to reopen his case, arguing that the NTA he had initially received was defective. The immigration judge concluded that the NTA was not defective, and Campos-Chaves had actually received both the NTA and the Notice of Hearing. Thus, the immigration judge denied his petition for review and also denied all pending motions. The Board of Immigration Appeals issued a final order of removal, and the U.S. Court of Appeals for the Fifth Circuit denied his petition for rehearing.

Question

Does the government provides adequate notice under 8 U.S.C. § 1229(a) when it serves an initial notice document that does not include the “time and place” of proceedings followed by an additional document containing that information?