The Board of Immigration Appeals (BIA) ruled that immigration judges can correct mistakes in removal notices. Judges can update these notices to appear as long as they do not include the time and location of removal hearings. The BIA found there are no laws or rules preventing judges from making these corrections. This practice fits with standard court procedures, like fixing typos or correcting factual errors.

The U.S. Department of Homeland Security (DHS) uses these notices to inform noncitizens of their removal charges and the details of their court appearances. Federal law requires DHS to provide this information. However, every year, many notices are missing key details, and how to correct these issues has been a topic of debate.

In a recent case, a Cuban national argued that their removal should be stopped because their notice was incomplete. DHS suggested three ways to fix the issue, but the immigration judge rejected these corrections and ended the case.

The BIA confirmed that immigration judges have the authority to add missing dates and times to the notice. Since the immigration court manages the schedule, the judge is just updating their own document. DHS’s other suggestions were not accepted.

If you have questions about a notice to appear or any other U.S. immigration-related issue, contact us. Our team of experienced attorneys works directly with our clients every step of the way throughout their immigration journeys.