The Third Circuit has determined that a Notice to Appear that is missing the time and date of a first hearing does not trigger the stop-time rule for cancellation of removal, even if the Immigration Court subsequently issues a notice of hearing containing the missing information. In so doing, the court declined to follow the Board of Immigration Appeals’ decision in Matter of Mendoza Hernandez , finding it inconsistent with the Supreme Court’s decision in Pereira v. Sessions. The court also overruled its prior decision in Orozco-Velasquez v. Attorney General.
The full text of Guadalupe v. Attorney General can be found here:
https://www2.ca3.uscourts.gov/opinarch/192239p.pdf