DHS Told to “Do Things Right the First Time” in Attorney Ross Cassingham’s Case

Scott D. Pollock & Associates, P.C. attorney Ross Cassingham is committed to protecting the rights of noncitizens in immigration court. In one 2019 case, he argued strongly for holding the Department of Homeland Security (DHS) accountable for statutory compliance.

In the case, a Seventh Circuit panel ruled that a deficient immigration court notice that fails to include the hearing date and time does not eliminate the authority of immigration courts over the resulting removal proceedings.

Mario Ortiz-Santiago was an illegal immigrant who had been living in the U.S. since 1999. In 2015, he was arrested for driving without a license. He initially received a DHS notice to appear for a hearing, but that notice was missing the time and date of his hearing.

The panel found that while the notice to appear sent to Ortiz-Santiago was “procedurally defective” by omitting his hearing date, such a deficiency does not deprive the immigration court of jurisdiction. The notice requirement is a “claim-processing rule” that can be waived if the challenge is untimely, as Ortiz-Santiago’s was in this case.

The opinion states, “An immigration court’s jurisdiction is secure despite the omission in a notice of time-and-place information.” It describes the decision as aligning with other circuit court rulings, though “taking a different path” in legal reasoning.

Despite the outcome for his client, Mr. Cassingham maintains that the court’s message to the DHS and rejection of Bermudez-Cota are a “big win for immigration advocates.” The panel criticized DHS for issuing the deficient notice, urging “statutory compliance” as “it is much easier to do things right the first time.”

Immigration laws are constantly evolving. The attorneys at Scott D. Pollock & Associates, P.C. prioritize tracking judicial developments to ensure we provide the most up-to-date and expert representation.

Further reading.