The Board of Immigration Appeals has issued a decision in Matter of M-F-O-, 28 I&N Dec. 408 (BIA 2021).

A notice to appear that does not specify the time or place of a respondent’s initial removal hearing does not end the accrual of physical presence for purposes of voluntary departure at the conclusion of removal proceedings under section 240B(b) of the Immigration and Nationality Act, 8 U.S.C. § 1229c(b) (2018), even if the respondent is later served with a notice of hearing specifying this information. Posos-Sanchez v. Garland, 3 F.4th 1176 (9th Cir. 2021), followed. Matter of Viera-Garcia and Ordonez-Viera, 28 I&N Dec. 223 (BIA 2021), overruled in part.