Milton Mendoza v. United States
Environmental AdministrativeLaw DueProcess Securities Immigration
Whether a putative notice to appear that does not contain the time and place of removal proceedings, in violation of 8 U.S.C. § 1229(a)(1)(Q), is ultra vires, and if so, whether the resulting removal order is ultra vires
QUESTION PRESENTED In order to initiate immigration removal proceedings under 8 U.S.C. § 1229(a)(1)(G), the government must serve a single notice to appear (NTA) containing all required information, including the time and place of removal proceedings. Miz Chavez v. Garland, 141 S.Ct. 1474, 1479, 1486 (2021). The question presented is: Whether a putative notice to appear that does not contain the time and place of removal proceedings, in violation of 8 U.S.C. § 1229(a)(1)(Q), is ultra vires, and if so, whether the resulting removal order is ultra vires. ,