What is a Notice to Appear (NTA)?

Did you or your loved one receive a Notice to Appear (NTA)? If so, it is imperative that you do not ignore this legal document. A NTA means that the U.S. government is initiating removal proceedings. With that being said, you have the right to raise a defense if you act quickly. Here, our Alexandria deportation defense lawyer provides a more comprehensive explanation about what you need to know about NTAs.

Understanding the Notice to Appear

United States Citizenship and Immigration Services (USCIS) explains that a Notice to Appear is effectively the charging document that is used by the federal government to place a noncitizen into removal proceedings. DHS files the NTA with the Immigration Court. Once the government files the NTA, the case becomes an adversarial legal proceeding. From there, the immigration judge has authority to determine removability and to rule on any defenses or applications for relief.

Required Contents of a Valid Notice to Appear

Federal immigration law requires an NTA to include specific allegations and legal charges. The NTA must identify the respondent, state the factual allegations supporting removability, and cite the statutory provisions the government claims were violated. It must also notify the respondent of the obligation to appear before an immigration Court and warn of the consequences for failing to do so.

What Happens After an NTA Is Issued

After the government issues a Notice to Appear, the case proceeds through the immigration court process. The respondent will receive a hearing date for a master calendar hearing, either listed on the NTA or provided later through a separate hearing notice. At that first hearing, the immigration judge addresses pleadings, confirms removability, and sets deadlines for relief applications.

Is Ignoring a Notice to Appear a Mistake?

Yes. It is a very big mistake. Never ignore an NTA. If you ignore the NTA, you will effectively be declared removable from the United States in default. The government does not need to prove removability through a contested hearing in that situation. In other words, you would be subject to immediate detention and deportation. A removal order entered after a missed hearing triggers significant consequences, including immediate enforceability, future reentry bars, and loss of eligibility for many forms of relief.

Takeaway: A Notice to Appear means the government is trying to remove you from the United States. It does not mean that you will be automatically deported. You have the right to go before an immigration judge and raise any and all available defenses. An experienced Virginia deportation defense attorney can help you navigate the process.  

Contact Our Alexandria, VA Deportation Defense Lawyer Today

At Escobar Law Offices, our Alexandria deportation defense lawyer has the experience you can trust. If you have any questions about a Notice to Appear, we are here to help. Contact us today to set up your completely confidential, no obligation initial consultation. With a law office in Annandale, we provide deportation defense services in Alexandria and across Northern Virginia.

Source:

uscis.gov/archive/notice-to-appear-policy-memorandum