In a published decision, the First Circuit dismissed the appeal of a petitioner who claimed to have not received legally sufficient notice of his immigration court hearing. Jonathan Ledesma-Sanchez. Ledesma-Sanchez was served with a Notice to Appear in March 2010, but the Department of Homeland Security did not file the Notice to Appear with the Immigration Court until February 2011. In the interim, Ledesma-Sanchez moved, but did not provide his updated address to the Immigration Court. When the Immigration Court mailed a notice of his hearing, they mailed it to his old address, and he did not receive it.
The agency and the First Circuit both faulted Ledesma-Sanchez for failing to update his address with the Immigration Court, even though the Department of Homeland Security had not filed the Notice to Appear at the time of his move. Nevertheless, this case illustrates a common consequence of the Department of Homeland Security's failure to file a Notice to Appear in a timely fashion.
The full text of Ledesma-Sanchez can be found here: http://media.ca1.uscourts.gov/pdf.opinions/14-1710P-01A.pdf