Immigration · Primary-source case analysis

Campos-Chaves v. Garland: Later Hearing Notice Can Defeat NTA-Based Rescission

By Aneeta Mishra and Timothy Chan

Published April 13, 2026

Removal proceedings often begin with a notice to appear that is followed by a separate hearing notice. Campos-Chaves addresses rescission of an in absentia order when the first document was incomplete but a later notice supplied the hearing information.

The consolidated cases

The cases involved noncitizens ordered removed after failing to appear. They sought rescission under the statutory provision allowing reopening when written notice was not received. Their initial notices to appear lacked complete time-and-place information, but later notices addressed the hearings at which they were absent.

The statutory notice sequence

Section 1229(a) describes an initial notice to appear and a notice of changed or later hearing information. The rescission provision asks whether the person received notice in accordance with either paragraph for the hearing that was missed. The Court read those provisions together rather than treating every defect in the initial document as permanently dispositive.

The Court’s holding

The Court held that a person who received a proper paragraph (2) notice for the hearing cannot obtain rescission merely because the initial paragraph (1) notice omitted the time or place. The relevant question is whether statutorily adequate written notice was received for the proceeding at which the person failed to appear. The Court separately noted that other statutory grounds, such as exceptional circumstances, may remain available when properly raised.

What the record must establish

The outcome depends on the actual notices, addresses, service history, hearing date, and reason for absence. Counsel should obtain the complete immigration-court record and envelopes or electronic records, compare each notice with the address-change history, and evaluate every reopening ground rather than relying on the initial NTA defect alone.

Key takeaways

• A defective initial NTA does not automatically require rescission.
• Receipt of a later compliant hearing notice may satisfy the statute.
• The precise hearing missed and the complete service record matter.
• Other reopening grounds require separate analysis.