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Landmark Victory in The 3rd Circuit Federal Court: Removal Order Rescinded in Madrid-Mancia v. Attorney General Case

AG Law Firm July 7, 2023

New Brunswick, NJ – Edin Donelsy Madrid-Mancia, an immigrant facing removal proceedings, has secured a significant legal triumph in the 3rd Circuit Federal Court. The Court ruled in favor of Madrid-Mancia, granting her petition and ordering the rescission of her removal order in the groundbreaking case of Madrid-Mancia v. Attorney General.

The case stemmed from a crucial oversight by the Department of Homeland Security (DHS), which failed to include the date and time of Madrid-Mancia's removal hearing in the initial document labeled "Notice to Appear." Years later, DHS issued a second document labeled "Notice of Hearing," providing the missing information. However, Madrid-Mancia, unaware of the hearing details due to the initial error, did not appear as directed and subsequently received an order for removal in absentia.

The Department of Justice argued that the omission was a harmless mistake, as the supplemental notice rectified the issue. However, the Court held that according to 8 U.S.C. § 1229(a)(2)(A), a supplemental notice is only permissible in cases involving a change or postponement in the time and place of an alien's removal proceedings. In Madrid-Mancia's situation, no change or postponement had occurred, and the DHS had not issued a new Notice to Appear.

As a result, the Court ruled in favor of Madrid-Mancia, acknowledging the importance of strict adherence to the statutory requirements governing removal proceedings. The decision not only upholds the rights of individuals facing removal but also emphasizes the need for clarity and accuracy in the notices provided by government agencies.

This landmark victory serves as a critical reminder of the challenges faced by immigrants, particularly concerning stable mailing addresses and the potential consequences of faulty notices. It highlights the significance of ensuring that immigrants receive complete and accurate information to effectively navigate the legal process.

Edin Donelsy Madrid-Mancia's case sets an important precedent, advocating for the rights of immigrants and reinforcing the need for procedural fairness in removal proceedings. The Court's ruling paves the way for Madrid-Mancia's removal order to be rescinded and offers hope for others facing similar circumstances.

For more information on the case, please visit the following link: pdf and CA3 on Defective NTA: Madrid-Mancia v. Atty. Gen.