Notice to Appear

Jose was stopped by the local police because he failed to observe the speed limit while he was driving along a school zone. When the police asked him for his ID, he failed to provide any as he does not have any legal status here in the United States. Sensing that Jose may be an undocumented immigrant, the police referred him to the Immigration and Customs Enforcement (ICE). When ICE confirmed that he overstayed his period of authorized stay as a tourist visa holder, he was then served with a piece of paper entitled “Notice to Appear” or NTA.

So what is an NTA? An NTA is the charging document that commences removal proceedings against an undocumented immigrant. It is issued by the Department of Homeland Security and served on the individual in person. If personal service is not practicable, it can also be served by regular mail at the alien's last known address or counsel on record.

The NTA details the nature of the proceedings, legal authority under which the proceedings are conducted, acts by the alien which are alleged to be in violation of immigration statutes, specific section of immigration law that was allegedly violated, notice of right to a lawyer, notice of list of legal service organizations, notice of change of address requirement, time and place of the hearing and warning for consequences in case the alien fails to appear for the hearing, and the name, aliases, address, and number of the individual. If the alien fails to attend at the place, time and date of the hearing stated in the NTA, he or she may be removed in absentia. The immigration judge can then issue his decision ordering your deportation without even seeking your presence or hearing your side.

This is a very important document. When one receives an NTA, it should not be taken lightly or ignored. It is best to seek out professional help from an immigration attorney or legal aid groups. Also, make sure that the NTA is accurate in its entries, spellings, and most importantly in its factual allegations. The NTA can be challenged and quashed for being defective as to form and substance.

Note also that even if the alien does not have an attorney at the time of the hearing, he or she must still appear and could then make a request to the judge to give him/her additional time to find a lawyer. The judge has the discretion to grant or deny that request depending on your personal circumstances. But the most important thing is show up at the hearing as stated in your NTA.

This column is not a substitute for professional legal advice obtained from a US licensed immigration attorney. The information contained herein does not constitute a warranty or guarantee or legal advice regarding a reader’s specific immigration case. No attorney-client relationship is and shall be established with any reader.

For any questions, comments and observations, please contact Atty. Marco Tomakin at mtomakin@gmail.com