Objection to noncompliant NTA
Objection to noncompliant NTA. In Matter of Fernandes, the BIA ruled that the time and place must in INA §239(a)(1) is a claim duty rule. This memo provides a brief survey of the ways an individual may appeal. For more detailed information about these topics, please review the materials included with this memo. There are two key requirements to be able to file an appeal to the BIA. The BIA’s position is, at this point, very clear: NTAs that do not contain time, date or place information as required by the statute do not divest the immigration court of jurisdiction. This case clarifies that respondents must raise any objection prior to the close of pleadings but need not show prejudice from the deficient NTA. Missing a hearing could result in a deportation order without any opportunity to plead legitimate defenses.