The Seventh Circuit has determined that a Notice to Appear that lacks the time and date of the first removal hearing does not create a jurisdictional defect in the removal proceedings. However, the defect in the document constitutes a claims processing rule violation, which must be timely raised or is deemed waived.

“A failure to comply with the statute dictating the content of a Notice to Appear is not one of those fundamental flaws that divests a tribunal of adjudicatory authority. Instead, just as with every other claim-processing rule, failure to comply with that rule may be grounds for dismissal of the case. But such a failure may also be waived or forfeited by the opposing party.” Failure to raise the issue before the Immigration Judge constitutes forfeiture of the argument.

The full text of Ortiz-Santiago v. Barr can be found here: