Felix Agustin Dominguez-Bido, aka Sealed Defendant 1, aka Felix Dominguez v. United States
AdministrativeLaw Immigration
Whether the Government may commence removal proceedings by serving a noncitizen with a 'notice to appear' that does not specify the date, time, and place of the proceeding, as required by 8 U.S.C. § 1229(a) (1)
Question Presented In a prosecution for illegal reentry, under 8 U.S.C. § 1326, the Government must prove that the defendant previously was subject to a valid removal order. To initiate a removal proceeding, the Government must serve a noncitizen with a “notice to appear” specifying the “time and place at which the proceedings will be held.” 8 U.S.C. § 1229(a) (1) (G) (i). And this Court has held that a notice to appear under § 1229(a) (1) is a single document containing the statutorily defined information, not multiple documents. NizChavez v. Garland, 141 S. Ct. 1474 (2021). In this case, Dominguez-Bido was ordered removed from the United States (in 2004) by an immigration judge after being served with a document that was titled a “notice to appear,” but did not inform him of the date, time, or place of the removal proceeding. He was convicted of illegal reentry based on that putative removal order. The question presented is: Whether the Government may commence removal proceedings by serving a noncitizen with a “notice to appear” that does not specify the date, time, and place of the proceeding, as required by 8 U.S.C. § 1229(a) (1). i