The Tenth Circuit has reaffirmed that a Notice to Appear missing the time and date of the first hearing is not jurisdictionally deficient, but rather, presents a claim-processing rule violation. A party may bring a timely request for dismissal based on a deficient Notice to Appear. The court remanded the case for the Board of Immigration Appeals to determine if it has the authority to freeze the age of a qualifying relative on the date an application for cancellation of removal is filed when there is undue delay on the part of the agency in adjudicating the application. In the instant case, the applicant’s daughter turned 21 after the court continued his case 5 times on its own motion, delaying adjudication of his adjudication for six years.
The full text of Martinez-Perez v. Barr can be found here:
https://www.ca10.uscourts.gov/opinions/18/18-9573.pdf