After several precedential Supreme Court decisions on Notices to Appear (NTA), the initial charging document that starts removal proceedings, the Board of Immigration Appeals issued updated guidance on September 6, 2024 that appears to contradict both statute and precedent. The decision indicates that upon motion of the Department of Homeland Security, an immigration judge can make changes to the time and place of the hearing on the charging document, making it compliant.

This decision is a step backward for providing procedural due process protections in immigration court, and will make it more difficult for noncitizens to seek termination of removal proceedings or eventually qualify for non-LPR cancellation of removal benefits.