Cristian Avila de la Rosa v. Merrick B. Garland

Summary

The Seventh Circuit held that a noncitizen who makes a timely objection to a procedurally defective Notice to Appear (NTA) is entitled to relief without showing prejudice, as the NTA requirements under 8 U.S.C. § 1229(a) are mandatory claims-processing rules. The court distinguished its prior decision in *Alvarez-Espino v. Barr*, which required prejudice only when the objection was untimely. Citing *Niz-Chavez v. Garland* and *Ortiz-Santiago v. Barr*, the panel granted the petition for review and remanded, rejecting the BIA's imposition of a prejudice requirement for timely objections.

Holdings

1. A noncitizen who raises a timely objection to a noncompliant Notice to Appear is entitled to relief without also having to show prejudice from the defect.

Questions Presented

1. Whether a noncitizen who timely objects to a defective Notice to Appear must also show prejudice to obtain dismissal of removal proceedings.

Disposition

reversed_and_remanded