The Board of Immigration Appeals has determined that a Notice to Appear missing the time and place of the first removal hearing presents a mandatory claim-processing rule violation. If a timely objection is brought (namely, before pleadings are taken), an immigration judge may give the Department of Homeland Security the opportunity to cure the defect before dismissing proceedings. If the objection is not timely raised, it is forfeited. The respondent need not show any prejudice resulting from the claim-processing rule violation.
The BIA declined to define how the DHS would remedy the defect. “The precise contours of permissible remedies are not before us at this time. DHS may decide it is best to request dismissal without prejudice and file a new notice to appear.”
The full text of Matter of Fernandes can be found here: