The Ninth Circuit has deferred to the Board of Immigration Appeals’ decision in Matter of Bermudez Cota and determined that the filing of a Notice to Appear that lacks the time and location of the first hearing still vests jurisdiction in the Immigration Court over the removal proceeding, so long as a subsequent hearing notice is served on the individual. In so doing, the court confined the Supreme Court’s decision in Periera v. Sessions to the cancellation of removal context only.

The court declined to determine whether jurisdiction would have vested if the individual had not received information about the time and place of her hearing in a timely fashion.

The full text of Karingithi v. Whitaker can be found here: