What Is a Notice To Appear in Immigration Court?

Deportation does not apply just to individuals who enter the United States without authorization. U.S. immigration authorities deport anyone who overstayed their visa or committed certain crimes while in the country lawfully.

AThe United States government may initiate removal proceedings against any person by serving that person with a Notice to Appear (NTA) for a removal hearing. As with many areas of immigration law, policies and legal requirements around NTAs have shifted in recent years. If you get a Notice to Appear, contact an immigration lawyer as soon as possible.

Notice To Appear Before an Immigration Judge

A Notice to Appear (NTA) is a document the Department of Homeland Security (DHS) files with a U.S. immigration court to begin removal proceedings against an individual it believes is deportable under Section 240 of the Immigration and Nationality Act (INA).

If you receive a Notice to Appear, make sure you check what it says. “The best thing to do, to begin with, would be to make sure that everything — all the information on it — is correct,” says Ryan McElderry, an immigration attorney at House Packard McElderry in Liberty.

The form has some details you might not know, but you should look for anything you can verify, such as your name, your address, and your date of birth.

Near the top of the form, there are three boxes with statements next to them. “It’s important to make sure the correct box is checked,” McElderry says. The distinction between the three can be complex and mired in legal definitions. He recommends contacting an immigration attorney to help you understand the document and what you should do.

“A lot of times it’s more complex than they’d be able to handle themselves, which is why I’d say talk to an attorney,” he says. Depending on which box is checked, your opportunities for recourse or relief can be different.

Keeping Track of Dates Is Critical

Aside from making sure the information is correct, McElderry says to look at the bottom of the NTA and look for a court date. “You want to make sure that if there’s a date and time set, that you take note of that, because you’ve got to go to court that date and time,” he says. “It’ll also tell you the location of the courtroom.”

In some cases, an individual can receive a Notice to Appear before a court date is set. In that case, a second NTA would come later that includes the time and date of a court hearing.

It’s critical to pay attention to the dates provided for your hearings. “Once you receive an NTA, you have to show up to every hearing,” McElderry says. “If you miss a hearing, it doesn’t matter what your excuse is. If you don’t show up, you will probably be ordered removed.”

Similarly, it’s important to notify the court of any change of address to ensure you receive all your notices. “If you haven’t updated them and they send it to the wrong address and you never get noticed, it’s no excuse, and you can be deported,” he cautions.

The Role of Immigration Judges

A removal hearing is held before an immigration judge. These are not judges in the traditional sense. They are not independent officers of the judicial branch, such as Supreme Court justices.

Immigration judges are employees of the U.S. Department of Justice authorized to conduct administrative removal hearings. Ultimately, the immigration judge works for the U.S. Attorney General.

Master and Individual Hearings

After receiving a Notice to Appear, the next step is typically for the immigration judge to hold an initial “master calendar hearing.” The master hearing is similar to an arraignment in a criminal case. The immigration judge will ask the subject to provide some basic information—such as their name and address—and direct them to answer the factual allegations presented in the Notice to Appear.

If the subject admits to the factual allegations and is not seeking relief, no further hearings may be necessary. But if the subject disputes the charges or seeks relief from removal, such as legal asylum, then the immigration judge will schedule an individual or “merits” hearing, which is like a trial.

However, McElderry notes that the process has shifted. “Now they’ve kind of changed it, and master hearings don’t happen like they used to. Now they have a scheduling order that they send you, so things have shifted up a little bit.”

What To Expect at Your Hearing

The Department of Homeland Security functions as the prosecution. One of its attorneys will present evidence that the individual is subject to deportation. Unlike a criminal trial, DHS does not need to prove its case beyond a reasonable doubt but only by “clear, convincing, and unequivocal” evidence.

The court will go through the charges listed on your Notice to Appear and give you a chance to admit or deny the charges. For example, a charge could be that you are not a U.S. citizen or a national, or that you arrived in the U.S. unlawfully.

It’s rare that an immigration attorney will try to deny the charges, McElderry says. “Really, the burden is on the government to prove them. You can always deny them, but usually the government has enough information. So it’s kind of pointless to deny it unless it’s completely wrong.”

After addressing the charges, the court will ask what type of relief you intend to seek. The court then provides a deadline for filing your application and supporting evidence. “They occur kind of quickly, because they only give you a couple of months, but that’s a fairly reasonable amount of time,” McElderry says.

Your Rights in a Removal Proceeding

Removal proceedings are not subject to the same constitutional rules as criminal cases. The government will not appoint an attorney to represent you. However, you do have the right to hire an attorney of your choice. There are often attorneys who provide free (or “pro bono”) representation during master hearings.

If you can’t find a skilled attorney before your first hearing, McElderry says you can tell the court, “I’d like some time to find an attorney,” and the court will give you time.

During a merits hearing, you or your attorney also have the right to review the evidence against you. This includes the right to cross-examine any witnesses that DHS may produce at the hearing. But this right does not extend to any evidence or information that the Department believes would compromise the national security of the United States.

The immigration judge’s decision is also not the last word. Either you or the Department may appeal an adverse ruling to the Board of Immigration Appeals. An alien may, in turn, seek review of a Board ruling with a United States Court of Appeals.

U.S. Supreme Court Update in 2018

Section 240 of the INA lists several eligibility requirements for canceling removal proceedings against a non-permanent resident. One of those requirements is that the individual has continuously resided in the United States for at least a 10-year period. Importantly, noncitizens cease to accrue time once they get an NTA.

In the 2018 case Pereira v. Sessions, the U.S. Supreme Court ruled that NTAs that don’t inform noncitizens when and where to appear for their court hearing are invalid. Receiving an invalid NTA does not stop the clock on accruing time toward the 10 years of continuous presence. The Pereira ruling could open the door to the cancellation of removal proceedings for many noncitizens who had invalid NTAs.

Trump Administration Guidance for NTAs

In July 2018, U.S. Citizenship and Immigration Services (USCIS) issued new guidance expanding the range of individuals to whom Immigration and Customs Enforcement (ICE) officers would send NTAs. The expanded scope of NTA issuance aligned with President Trump’s broadened immigration and deportation enforcement policies.

Under the policy, if an application, petition, or benefit request was denied, “they will issue a Notice to Appear if you don’t have any other status,” explained Helen Parsonage, an immigration attorney at Elliot Morgan Parsonage in Winston-Salem, North Carolina.

“Whether immigration court and deportation proceedings finally end up in deportation is unknown, but still you’re going to have to go through the process,”—a process she describes as very difficult for her clients. “It’s traumatic for people to go to immigration court; it’s terrifying, demeaning, and demoralizing.”

Besides individuals who are immediately declared unlawful when an application, petition, or benefit request to adjust immigration status is denied, under the new policy change, NTAs would also be issued to persons who have either:

1. Been convicted of any criminal charges
2. Been charged with any criminal offense that has not been resolved
3. Committed acts that constitute a chargeable criminal offense
4. Engaged in fraud or willful misrepresentation with any government matter or application
5. Abused any program related to the receipt of public benefits
6. Not departed after receiving a final removal order

2021: Under Biden Administration, DHS Rescinds 2018 NTA Policy and Narrows Deportation Priorities

In January 2021, the DHS issued a policy memo in line with President Biden’s Executive Order rescinding the 2018 guidance on NTAs. Then, in September 2021, the DHS issued guidelines narrowing deportation priorities from the six categories of the Trump administration to noncitizens who were either:

1. A threat to national security
2. A threat to public safety
3. A threat to border security

In June 2023, the U.S. Supreme Court sided with the Biden administration in a legal challenge brought by Texas and Louisiana against these guidelines. The Court found that the states lacked standing to challenge the executive branch’s power to set and enforce immigration policies.

Find Experienced Immigration Legal Counsel

If you have questions about U.S. immigration law for yourself or a family member, Parsonage warns against notaries. Anyone who fills out immigration paperwork on their own is at risk of denial. 
Anyone needing assistance with their immigration matter should speak with an experienced immigration attorney for legal advice.