Friday, July 22, 2022

US v. Bastide-Hernandez, No. 19-30006 (7-11-22)(en banc)(Owens; Concurrence by Friedland; Partial concurrence and dissent by Collins). Addressing whether a “Notice to Appear” (NTA) is jurisdictional in the context of a 1326 charge and an attack on the prior removal, the 9th writes: “Consistent with our own precedent and that of every other circuit to consider this issue, we hold that the failure of an NTA to include time and date information does not deprive the immigration court of subject matter jurisdiction, and thus Bastide-Hernandez’s removal was not ‘void ab initio,’ as the district court determined. We reverse the district court’s dismissal and remand for further proceedings.”  The defects of the NTA does not bar the immigration court from having jurisdiction. The requirements are more of a “claims processing” rule rather than a bar to the immigration court’s adjudicatory jurisdiction.

Friedland’s concurrence urges the government to abide by and confirm with the statutory requirements for the NTA.

Collins objects to note 10, which instructs the district court to reconsider its 1326(d) analysis, given US v. Palomar-Santiago, 141 S. Ct. 1615 (2021). Collins argues that once the 9th remands, it shouldn’t be directing the court to look at any particular issues.

Valiant fight by Paul Shelton of the Fed Defenders of E. Wash. (Yakima).

The decision is here:


Post a Comment

<< Home