Where a Notice to Appear served on a noncitizen to initiate removal proceedings fails to state the date and time to appear, the noncitizen is never provided with the date and time for the removal hearing, and the noncitizen is ordered removed in absentia, may that removal serve as a basis for a subsequent criminal prosecution for illegal reentry under 8 U.S.C. § 1326, or is such a prosecution barred either because the immigration court lacked jurisdiction to order the noncitizen removed or because the noncitizen was deprived of due process?

Where a Notice to Appear served on a noncitizen to initiate removal proceedings fails to state the date and time to appear, the noncitizen is never provided with the date and time for the removal hearing, and the noncitizen is ordered removed in absentia, may that removal serve as a basis for a subsequent criminal prosecution for illegal reentry under 8 U.S.C. § 1326, or is such a prosecution barred either because the immigration court lacked jurisdiction to order the noncitizen removed or because the noncitizen was deprived of due process?