Whether the government may commence removal proceedings by serving a noncitizen with a 'notice to appear' that fails to specify the hearing's time and place

QUESTIONS PRESENTED Congress has determined the "sole and exclusive procedure" for certain removal proceedings. 8 U.S.C. § 1229(a)(3). To commence these proceedings, the government must serve noncitizens with a "notice to appear" specifying the proceedings' "time and place." Jd. § 1229(a)(1)(G)(). The agency's implementing regulations define "notice to appear" differently-they do not require a "notice to appear" to specify the proceedings' time and place. See 8 C.F.R. § 1003.15(b). The Board of Immigration Appeals applies the regulation's definition and not the statutory definition. The questions presented are: 1. Whether the government may commence removal proceedings by serving a noncitizen with a "notice to appear" that fails to specify the hearing's time and place. 2. Whether the failure to include the time and place of an immigration hearing in the initial notice to appear results in the immigration court lacking jurisdiction such that any orders therein are not useable in a subsequent criminal proceeding under 8 U.S.C. Sect. 1326. i