Citing Niz-Chavez v. Garland, 141 S. Ct. 1478 (2021), the Court held that Petitioner's notice to appear failed to meet the requirements of 8 U.S.C. § 1229(a)(1), which requires the agency to provide a single document containing the date, time, and location of the initial hearing. However, Petitioner forfeited his prior argument that the agency’s failure to comply with § 1229(a) deprived the IJ of jurisdiction by not raising it before the Court and the Court lacked jurisdiction over Petitioner’s newly asserted non-jurisdictional claim that the IJ had authority to terminate his proceedings because he failed to exhaust his administrative remedies by raising it below.

Date of Decision