Manuel Alejandro Sanchez v. United States
DueProcess Immigration
Whether the United States' initiating removal proceedings against a noncitizen with a 'Notice to Appear' that fails to include the date and time of the removal hearing, as required by 8 U.S.C. § 1229(a)(1), deprives the immigration court of subject-matter-jurisdiction
Questions Presented 1. Whether the United States’ initiating removal proceedings against a noncitizen with a “Notice to Appear” that fails to include the date and time of the removal hearing, as required by 8 U.S.C. § 1229(a)(1), deprives the immigration court of subject matter jurisdiction. 2. Whether a noncitizen’s failure to file an appeal in his underlying immigration proceedings, where that failure to file an appeal is due in part to ineffective assistance of counsel, precludes a collateral attack against a removal order in a future criminal prosecution. 3. Whether a district court’s finding that a noncitizen presented sufficient evidence to show they were a plausible candidate for relief from removal, the necessary element of prejudice to succeed on a motion to dismiss alleging due process violations, should be reviewed for clear error. i