the BIA ruled that if an NTA fails to specify the time/place of an initial removal hearing, a subsequent NTA with the information perfects the deficient NTA and ends the accrual of physical presence for purposes of voluntary departure. Additionally, last week, the BIA ruled that §58-37-8(2)(a)(i) of the Utah Code, which criminalizes possession of a controlled substance, is divisible with respect to the specific “controlled substance” involved in a violation of that statute.

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BIA Finds Subsequent NTA Perfects Deficient NTA and Ends Accrual of Physical Presence for Purposes of Voluntary Departure

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