The Notice to Appear (NTA) is the “charging document” that signals the initiation of removal proceedings against a respondent. If you receive an NTA, it means that you must appear in Immigration Court on the date specified or at a date to be determined in the future.
The NTA must be served on the respondent personally or, if personal service is impracticable, it can be mailed to the respondent’s last known address or to his attorney, if s/he has one. The NTA must also be served on the Immigration Court that will be responsible for conducting the removal hearings in the instant matter.
NTAs are issued by the Department of Homeland Security (DHS) through one of three major divisions. They are:
The NTA must contain the following information:
(1) The nature of the proceedings;
(2) The legal authority for the proceedings;
(3) The acts or conduct alleged to be in violation of the law;
(4) The charges against the respondent and the statutory provisions alleged to have been violated;
(5) That the respondent may be represented by counsel and will be provided a list of counsel and a period of at least 10 days to procure counsel;
(6) That the respondent must immediately provide the attorney general with a written address and telephone number (if any) where he or she may be contacted;
(7) That the respondent must immediately provide the AG with a written record of any change of address or telephone number;
(8) That if the respondent fails to comply with the notice requirements and does not provide an address (or change of address) and telephone number, a notice in writing need not be sent;
(9) The time and place of the proceedings; and
(10) That an in absentia order will be entered against the respondent for failure to appear unless there are exceptional circumstances.
The NTA is in English and need not be in any other language.
There are numerous ways a skilled attorney can attack or challenge the validity of a NTA. If successful, this could result in the termination of the removal proceedings. If unsuccessful, a skilled attorney would still be able to assist you in identifying potential options for relief from removal.
Being issued an NTA initiates the proceedings for most removal cases, but these notices are not issued in certain types of removal, such as:
Most recently, the current administration has expanded expedited removal to include any apprehended immigrants, even those who entered the U.S. legally, regardless of location or how long they have lived in the U.S.
If you, a friend, or a loved one is facing removal proceedings or deportation, our skilled New York City immigration attorneys can provide you with a strong deportation defense – we will even meet you at the airport if that’s what it takes. Call Pollack, Pollack, Isaac & DeCicco, LLP, at 800-223-2814 or contact us online today.
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