Receiving a Notice to Appear is the formal start of removal proceedings. Understanding what it means and how to respond is critical to protecting your rights.
Key Takeaways
- An NTA initiates removal proceedings in immigration court
- You have the right to an attorney (at your own expense)
- Missing a hearing can result in an in absentia removal order
- Relief options may be available
What Is an NTA?
The Notice to Appear is a charging document that alleges you are removable from the United States. It lists the factual allegations and legal charges against you.
Immediate Steps
- Read the NTA carefully
- Note any hearing date and location
- Consult with an immigration attorney immediately
- Gather relevant documents
- Update your address with the court
Defective NTAs: The Niz-Chavez Revolution
Recent Supreme Court cases (like Niz-Chavez v. Garland) have revolutionized deportation defense. The Court held that a Notice to Appear must contain all required information—including the time and date of the hearing—in a single document to trigger the "stop-time rule" for Cancellation of Removal.
If your NTA is missing the time or date (often saying "TBD"), it might be legally defective. While this rarely gets a case thrown out entirely, it is a crucial procedural argument that can preserve your eligibility for relief, specifically Cancellation of Removal, by preventing your clock from stopping.
Service Issues: Did You Actually Get It?
The government must prove you were properly served. If the NTA was sent to an old address because they failed to update their records despite you filing an AR-11, or if it was never mailed at all, you may have grounds to rescind an in absentia order of removal. Preserving the envelope and checking the "Certificate of Service" at the bottom of the NTA is vital.
Defective NTAs: The "Niz-Chavez" Argument
A "Notice to Appear" (NTA) is the charging document that starts removal proceedings. Supreme Court case Niz-Chavez v. Garland ruled that an NTA must contain the time and place of the hearing to be valid for stopping the "10-year clock" for Cancellation of Removal.
If your NTA said "TBD" (To Be Determined) for the time and date—which millions did—you may have a powerful technical defense. We can argue that the NTA was defective, and therefore you continued to accrue "continuous presence" time, making you eligible for relief you thought you had lost. This is complex appellate litigation, but it wins cases.
Burden of Proof
In removal proceedings, the government (DHS) bears the burden of proving you are deportable by "clear and convincing evidence." If they cannot produce your conviction records or prove you are not a citizen, the case must be terminated. Never admit to being foreign-born until your lawyer advises you.
Don't Risk Your Immigration Future—Get Professional Advice
Every case is unique, and small mistakes can lead to years of delays or denial. Don't rely on general online information. Schedule a consultation to discuss your specific situation with an experienced attorney who can protect your rights.
We offer a free 15-minute consultation to review your case.
Get Your Free Consultation NowWhat if my NTA has the wrong name or birthdate?
You must correct this at the Master Calendar Hearing. Proceeding with incorrect biographic data can cause massive headaches later when trying to apply for relief or work permits. Your attorney will file a "Motion to Amend" or correct the record on the pleadings.
Does an NTA expire?
No. Once filed with the court, the case is active until a judge closes it. We see cases from 10 years ago suddenly resurface. You cannot just "wait it out."
Disclaimer: This article is for general information only and is not legal advice.