Campos-Chaves v. Garland
Issues
When providing notice to an immigrant in deportation proceedings, does the government comply with its obligations under 8 U.S.C. § 1229(a) by providing a Notice to Appear with no date and location and a subsequent, updated Notice of Hearing including that information?
This case asks the Supreme Court to determine whether the government complies with the Immigration and Nationality Act (8 U.S.C. § 1229(a)) (“INA”) when it provides notice of deportation proceedings in a separate document from their date and time. Under 8 U.S.C. § 1229(a), the government must provide “written notice” to undocumented immigrants who are subject to deportation. This “written notice” is provided in a document called a “notice to appear” (“NTA”) and must include the “time and place” of the proceedings under 8 U.S.C. § 1229(a)(1)(G)(i). However, the government routinely sends two documents: one NTA to alert the immigrant about the removal proceedings, and another Notice of Hearing (“NOH”) to communicate the time and place of the hearing. Campos-Chaves argues that this scheme violates the INA because the statute requires this information to be provided in one document. The United States argues that it complies with the INA because its disjunctive language permits dual-document notice and because a curative NOH overcomes a defective NTA. This case touches on important questions regarding fair notice to immigrants in deportation proceedings and judicial economy.
Questions as Framed for the Court by the Parties
Whether the government provides notice “required under” and “in accordance with paragraph (1) or (2) of” 8 U.S.C. § 1229(a) when it serves an initial notice document that does not include the “time and place” of proceedings followed by an additional document containing that information, such that an immigration court must enter a removal order in absentia and deny a noncitizen's request to rescind that order.
Moris Campos-Chaves (“Campos-Chaves”) is a citizen of El Salvador who entered the United States without authorization on January 24, 2005. Campos-Chaves v. Garland at 1-2. On February 10, 2005, the Department of Homeland Security (“DHS” or “government”) served Campos-Chaves with a Notice to Appear (“NTA”), initiating deportation proceedings against him. Id. at 2. This NTA did not contain the time and place of his deportation hearing.
Additional Resources
- Dick Dahl, Minnesota Law Students Play Big Part in Immigration Case, Minnesota Lawyer, (December 20, 2023).
- Megan Butler, Boondoggle Over Notices to Appear in Immigration Court Heads to High Court, Courthouse News Service (June 30, 2023).