The Seventh Circuit has laid out a number of factors to assess when determining if a petitioner made a timely objection to a Notice to Appear that was lacking the time and date of the first hearing. These factors include: how much time passed, in absolute terms, between the receipt of the Notice and the raising of the objection; did the immigration court set a schedule for filing objections, and did the objection comply with that schedule; and how much of the merits had been discussed or determined prior to the objection? In addition, the court may consider: if the recipient does not speak English, did she object promptly after receiving adequate translation services and notice; did the person have legal counsel at the outset, and if she obtained counsel only later, did counsel object promptly after entering the case; and did the noncitizen file any prior objections but omit this objection?
The full text of Arreola-Ochoa v. Garland can be found here: