Seudat Bindnarine v. William P. Barr

Summary

The Fifth Circuit denied Bindnarine's petition for review, holding that a notice to appear (NTA) missing the date and time of removal proceedings does not deprive the immigration court of jurisdiction, as *Pereira v. Sessions* is limited to the stop-time rule context. Any defect in the NTA was cured by a later notice of hearing containing the missing information. The court also lacked jurisdiction to review the BIA's discretionary refusal to reopen proceedings sua sponte.

Holdings

1. Pereira is limited to the stop-time rule context; the NTA was not defective as it detailed the nature, legal basis, and warning, and any defect was cured by a later notice of hearing. Therefore, the BIA did not commit legal error in denying the motion to reopen.

Questions Presented

1. Whether the immigration court lacked jurisdiction due to a defective NTA under Pereira v. Sessions.
2. Whether the BIA should have exercised its discretionary authority to reopen proceedings sua sponte.

Disposition

dismissed