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BIA Finds that a Subsequent Notice of Hearing “Perfects” a Deficient NTA and Triggers “Stop-Time” Rule

In a split en banc decision, the BIA held that where a notice to appear does not specify the time and place of an individual’s initial removal hearing, the subsequent service of a notice of hearing containing that information “perfects” the deficient notice to appear and triggers the “stop-time” rule. The BIA thus remanded to the immigration judge to consider whether the individuals have met their burden to demonstrate 10 years of continuous physical presence in the United States measured backward from service of the notices of hearing.

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