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Receiving a Notice to Appear (NTA) can be overwhelming and frightening. This is the first sign that individuals receive that the U.S. government is attempting to remove them from the United States. As the NTA marks the official beginning of removal proceedings, what you do next can significantly affect the outcome of your case. The immigration court system is complex, fast-moving, and unforgiving of mistakes such as missing deadlines, failing to appear, or misunderstanding what the government is alleging. That is why it is critical to take the Notice to Appear seriously, and to speak with an experienced immigration attorney as soon as you receive an NTA.
Understanding a Notice to Appear and What It Means for Your Immigration Case
A Notice to Appear (NTA) is one of the most important documents in the immigration system as it marks the official start of removal (deportation) proceedings against a noncitizen. When the Department of Homeland Security believes that a person should be deported from the United States, the government must issue an NTA explaining the allegations and the legal grounds for removability. As this document triggers the entire court process, it is important to understand what it contains because the next steps are critical to your future in the United States.
An NTA lays out several key pieces of information such as personal details, the factual allegations against you, and the specific section of immigration law that the government claims you violated. People may be placed into removal proceedings for many reasons. Some of the most common include entering the United States without authorization, overstaying a visa, failing to follow visa rules, or certain arrests or criminal convictions. Even lawful permanent residents can face removal under specific circumstances.
Once an NTA has been issued, the case moves into the immigration court system. If you are detained, the first step is typically a bond hearing where the immigration judge determines whether you can be released from custody while your case moves forward. The next major court event is the master calendar hearing which is a short hearing where the judge will advise you of your rights, charges, and schedule your future court dates.
The final stage of the NTA process is the individual hearing, also called the merits hearing. Here you will have the opportunity to present evidence, bring witnesses, and explain your defenses. This hearing determines whether you may remain in the United States, so strong preparation and legal representation are essential.
What Happens If You Receive a Final Removal Order?
If the immigration judge rules against you and a final removal order is issued, don’t lose hope! You still may be able to challenge or stop deportation, but you must act fast and take aggressive action. Available options include an appeal, motion to reopen or reconsider, cancellation of removal or other relief.
One option is filing an appeal with the Board of Immigration Appeals (BIA). You have only 30 days from the date of the judge’s decision to file a Notice of Appeal, and submitting the appeal on time typically stops deportation while the case is reviewed.
Another potential option is filing a motion to reopen or reconsider. A motion to reopen introduces new facts or evidence that were unavailable during your original hearing. A motion to reconsider, by contrast, argues that the original decision was legally incorrect based on the law at the time.
Depending on your circumstances, you may also qualify for cancellation of removal. This relief is available to certain green card holders and long-term residents who meet strict requirements involving length of residence, good moral character, and hardship to qualifying family members. Some individuals may even qualify for asylum or humanitarian protections such as withholding of removal, protection under the Convention Against Torture (CAT), or relief under the Violence Against Women Act (VAWA).
Contact CoxESQ, PC Immigration Law Firm for Removal Defense
If you or a loved one has received a Notice to Appear or is facing a removal order, time is critical. An experienced immigration attorney at CoxESQ, PC can help you understand the charges, build a defense, and fight to protect your right to remain in the United States. Do not wait! Contact CoxESQ, PC today to protect your rights and safeguard your future.