Part 1: Demystifying the Notice to Appear (NTA): Your First Step in Understanding Removal Proceedings

By Wendy R. Barlow, Esq. | Partner at Cohen, Tucker + Ades Specializing in Complex Immigration Matters

Receiving a document from the United States government stating that you are subject to deportation is an incredibly stressful experience. For many immigrants, holding a Notice to Appear (NTA) feels like the end of their American dream.

At Cohen, Tucker + Ades, we want to reassure you: an NTA is the beginning of a legal process, not an immediate deportation order. Under U.S. immigration law, you have the right to due process. This means you have the right to defend yourself, present evidence, and argue your case before an immigration judge. Understanding exactly what an NTA is—and how to read it—is your very first step toward fighting for your right to stay in the United States.

What is a Notice to Appear (NTA)?

An NTA is the official legal document issued by the Department of Homeland Security (DHS)—usually through Immigration and Customs Enforcement (ICE)—that formally starts the removal (deportation) process.

Think of it as a civil “charging document.” It serves two primary functions:

1. It explains why the government believes you do not have the legal right to remain in the U.S.

2. It orders you to appear before an immigration judge to answer those charges.

Does an NTA mean I’m being deported immediately?

No. An NTA does not mean you are being deported today. It is a summons to immigration court. You cannot be removed from the country until an immigration judge hears your case and issues a final order of removal, and you retain the right to apply for legal relief during this process.

Anatomy of an NTA: What is Written on the Document?

When you look at an NTA, it can look like a confusing wall of legal jargon. However, the document is generally broken down into three crucial sections that you and your attorney must review line by line:

1. The Factual Allegations

This section lists the “facts” the government claims to be true about you. Common examples include:

• The country you are a citizen of.

• The date you entered the United States.

• Whether you entered with a visa or without inspection.

• Any criminal convictions the government claims you have.

2. The Legal Grounds of Removability

Beneath the facts, the NTA will cite specific sections of the Immigration and Nationality Act (INA). This is the government’s legal argument. For instance, it might state you are removable under INA § 212(a)(6)(A)(i) for being present in the U.S. without being admitted or paroled.

3. The Date, Time, and Location of Your Hearing

At the bottom of the page, the document will list the specific Immigration Court you must attend, along with a date and time.

Important Note on “Fake dates”: For years, the government issued NTAs listing the date and time as “to be determined” (TBD). The U.S. Supreme Court has ruled extensively on this issue. If your NTA did not include a specific date and time when you received it, it could represent a major legal defect that a skilled attorney can use to your advantage.

Critical First Steps: What You Must Do Immediately

If you have been served with an NTA, time is of the essence. Taking the following steps immediately can drastically alter the outcome of your case:

• Do Not Ignore It: Failing to show up to your scheduled court date will result in an automatic in absentia order of removal. This means the judge will order you deported simply because you weren’t there, and reversing this order is incredibly difficult.

• Check your Case Status Regularly: Call the Executive Office for Immigration Review (EOIR) automated hotline at 1-800-898-7180 or check the EOIR online portal using your 9-digit “A-Number” (Alien Registration Number) found at the top right of your NTA. This ensures you never miss a surprise schedule change.

• Keep Your Address Updated: If you move, you are legally required to notify the immigration court within 5 days using Form EOIR-33. If the court sends a hearing notice to your old address and you miss court, you can still be ordered deported in your absence.

Why You Need a Skilled Immigration Defense Attorney Right Away

The strategies used at the very beginning of your removal proceedings will set the tone for your entire case. When you bring your NTA to Cohen, Tucker + Ades, our legal team aggressively analyzes the document for vulnerabilities:

• Challenging Errors: The government frequently makes mistakes on NTAs—such as incorrect entry dates, misspelled names, or flawed criminal characterizations. We hold them accountable to their burden of proof.

• Finding Defects: If your NTA was improperly served or lacks required legal information, we can explore motions to terminate your proceedings entirely.

• Developing a Defense Strategy: Long before your first court date, we begin identifying which pathways—such as asylum, cancellation of removal, or adjustment of status—will give you the highest chance of securing permanent legal residency.

Receiving an NTA is frightening, but you do not have to face the immigration court system alone.

Frequently Asked Questions (FAQ)

Q: Can ICE arrest me when I show up for my hearing listed on the NTA? A: While ICE has the authority to detain individuals, showing up for a scheduled Master Calendar Hearing generally does not result in an immediate arrest if you are actively complying with the court process and defending your case.

Q: Where do I find my Alien Registration Number (A-Number)? A: Your A-Number is a unique 9-digit number (e.g., A 123-456-789) located near the top of your Notice to Appear. It acts as your identifier for all immigration court tracking.

Q: What if the information on my NTA is completely wrong? A: Do not try to cross out or fix the document yourself. Your attorney will use the Master Calendar Hearing to formally deny any incorrect factual allegations, forcing the government to prove their claims or dismiss the charges.

If you or a loved one has received a Notice to Appear (NTA), contact the experienced defense team at Cohen, Tucker + Ades today to schedule a comprehensive consultation.

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