Decision date: 2023-07-12

Holding that a noncitizen is entitled to rescission of an in absentia removal order if her Notice to Appear did not include time and date information as required under 8 U.S.C. § 1229(a). Judge Rushing, in dissent, would have held that a Notice of Hearing under § 1229(a)(2) can supplement a Notice to Appear missing such information and thus satisfy the notice requirements of the in absentia removal statute, 8 § 1229a(b)(5)(A).

Publication Status: Published

Case judge: Motz, Rushing, Wynn

Decision: Lazo-Gavidia v. Garland, 73 F.4th 244 (4th Cir., Jul. 12, 2023)