The Board of Immigration Appeals has determined that only a non-citizen can raise an objection to a non-compliant Notice to Appear; an Immigration Judge may not terminate proceedings absent an objection by the non-citizen. As such, when a non-citizen fails to appear at a hearing, the Immigration Judge may not dismiss the proceedings based on the non-compliant Notice to Appear.

The full text of Matter of Lopez-Orellana an be found here: https://www.justice.gov/eoir/media/1432911/dl?inline

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