Deportation Defense Law

I received a Notice to Appear (NTA): what to do, step by step

Written by Hassan Benmouloud · Last reviewed:

What the Notice to Appear is

The Notice to Appear (Form I-862, often called the "NTA") is the charging document the Department of Homeland Security uses to start removal proceedings. It is issued by ICE, CBP or USCIS and filed with the immigration court (EOIR), which sits inside the Department of Justice.

The NTA states:

Receiving it is not a removal order. It is the start of a process in which you have the right to defend yourself.

Step 1: keep the document and note the date you received it

The delivery date matters legally. Keep the envelope, the original document and anything else handed to you (a Form I-213, a hearing notice). Make copies.

Step 2: confirm your hearing with EOIR

Do not rely on the paper alone. Call 1-800-898-7180 or use acis.eoir.justice.gov with your A-Number. You will see whether the case has been filed, which court has it and the next date.

If your case does not appear yet, check weekly. NTAs are sometimes filed months after they are served.

Step 3: never miss a hearing

If you do not appear and the government shows you were properly served, the judge can enter an in absentia removal order that same day, without hearing your defense. Reopening such an order is possible in limited circumstances — lack of notice, exceptional circumstances, being in custody — but it is difficult and the deadlines are short.

Arrive early, with ID and all your documents.

Step 4: keep your address current

The court mails hearing notices to the address on file. If you move, file Form EOIR-33/IC with the court within 5 days. If you do not and a notice goes to the old address, the law generally treats you as having been notified.

Step 5: find a lawyer before the first hearing

You have the right to counsel at your own expense. At the master calendar hearing the judge will ask whether you have a lawyer and will usually grant time to find one. Ask for it if you need it. The court will also give you a list of free or low-cost providers.

Avoid anyone offering to "fix" your case who is not a licensed attorney or a DOJ-accredited representative.

What your lawyer will check in the NTA

Frequently asked questions

Does an NTA mean I am being deported? No. It starts a case. You will have hearings and can present defenses first.

What if it has no date or time? Common. The court mails a notice later, so keep your address current and check EOIR.

Can I ask for more time to find a lawyer? Yes, at the first hearing. It is usually granted once.

Sources

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