By: Derek Hawkins//September 13, 2021//
7th Circuit Court of Appeals
Case Name: Cristian Avila de la Rosa v. Merrick B. Garland
Case No.: 20-1956
Officials: WOOD, BRENNAN, and ST. EVE, Circuit Judges.
Focus: Immigration – Removal Order
Cristian Avila de la Rosa received a procedurally defective Notice to Appear for his immigration removal proceedings, and (unlike many others) he made a timely objection to that Notice. The immigration judge, however, disregarded Avila’s objection, and the Board of Immigration Appeals thereafter insisted that Avila was not entitled to relief unless he could demonstrate prejudice from the defective Notice. The Board erred in doing so; we thus grant Avila’s petition for review and remand for further proceedings.
Petition granted. Cause remanded