A Notice to Appear (NTA) is one of the most serious documents you can receive from U.S. Immigration and Customs Enforcement (ICE). It signals the beginning of removal (deportation) proceedings in immigration court. If you or a loved one has received an NTA, knowing what to do next is critical to protecting your rights.
Step 1: Review the NTA Carefully
The NTA contains two sections:
- Factual Allegations – details about your citizenship, immigration status, or any criminal history.
- Charges of Law – the legal reasons ICE believes you should be removed, such as visa overstay, unlawful entry, or certain convictions.
ICE sometimes makes mistakes. If the information is inaccurate, you must inform the judge.
Step 2: Attend the Master Calendar Hearing
Your first court date will be a Master Calendar hearing, a short session where the judge will:
- Read the charges against you.
- Ask whether you admit or deny them.
- Decide if you need more time to hire an attorney.
Important: Do not admit to facts or charges unless you are absolutely certain they are correct. Your statements can be used to order removal.
Step 3: Consider Relief Options
During the Master Calendar hearing, you must tell the judge if you wish to apply for relief from removal. Possible options include:
- Asylum
- Cancellation of Removal
- Adjustment of Status
- Waivers under sections 212(c) or 212(h)
- Relief under the Convention Against Torture
The judge will set deadlines for filing applications and evidence. Missing these deadlines can result in denial of relief.
Step 4: Prepare for the Individual Hearing
If the judge determines you may be eligible for relief, your case will proceed to an Individual (Merits) hearing, where you can:
- Submit evidence and testimony.
- Call witnesses to support your case.
- Request a free interpreter if needed.
- Present your full arguments for relief.
The immigration judge will weigh your case against the government’s evidence before issuing a decision.
Step 5: Know Your Appeal Rights
If the judge denies your case, you have 30 days to appeal to the Board of Immigration Appeals (BIA). Appeals must be filed on time—late appeals are automatically rejected.
Why You Should Seek Legal Counsel Immediately
Immigration law is complex and fast-moving. An attorney can:
- Spot factual or legal errors in the NTA.
- Guide you through strict deadlines.
- Argue for relief on your behalf.
- Protect your rights at every stage of the proceedings.
