Alien facing deportation was not sufficiently put on notice that his past claim of having been born in the US was to be the main issue in the final heaing on the merits, on a motion to sua sponte reconsider the earlier determination of time, place and manner into the country. When a person is charged with a crime or charged with allegations waranting removal from the country, that person is fairly entitled to notice of the claims against him and an opportunity to be heard in opposition.
https://cdn.ca9.uscourts.gov/datastore/opinions/2021/08/16/19-70177.pdf