The Ninth Circuit, sitting en banc, has again determined that a Notice to Appear lacking information about the first removal hearing does not deprive the immigration court of jurisdiction. However, the court also recognized that the failure to meet the regulatory requirement to include this information in the regulations is a claim processing rule violation. “The only sensible way to read 8 C.F.R. § 1003.14(a), then, is as a docketing rule whose function extends no further than providing for the orderly administration of proceedings, including deportation proceedings, before the immigration judges.”
Notably, the court did not discuss when an objection to a violation of a claim processing rule would be timely, or what the proper remedy for such a violation would be.
The full text of US v. Bastide-Hernandez can be found here:
https://cdn.ca9.uscourts.gov/datastore/opinions/2022/07/11/19-30006.pdf