Immigration – Removal Order

By: Derek Hawkins//September 13, 2021//

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7^th 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

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Derek A Hawkins is Corporate Counsel, at Salesforce.

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