I Received a Notice to Appear (NTA). What Now?

If you have received a Notice to Appear, or NTA, it means the government has started removal proceedings against you in Immigration Court. This does not mean you have already been ordered deported. It means your case will now move through the court process.

In most cases, the first step is a Master Calendar Hearing. A Master Calendar Hearing is usually a short, procedural court date. It is not your final trial.

At this hearing, the Immigration Judge will confirm your name and address, review the allegations and charges listed in the NTA, ask whether you admit or deny those allegations and charges, ask what form of relief, if any, you plan to apply for, and set filing deadlines and schedule future hearings.  If it is your first hearing and you request more time to be able to retain an attorney, the Immigration Judge will generally grant additional time.

You will not present all of your evidence at this hearing. If you are applying for relief such as asylum, cancellation of removal, or adjustment of status, your full case will be presented later at an Individual Hearing.

It is very important to attend all scheduled immigration court hearings. Failure to appear can result in a removal order in your absence.

In addition, international travel for those who have been issued an NTA is generally not a good idea, even for lawful permanent residents, as it can result in being detained upon return to the United States.

What Happens If I Hire an Attorney?

Under EOIR Policy Memorandum 21-18, in most non-detained cases, if an attorney files a Notice of Appearance, Form EOIR-28, at least 15 days before the scheduled Master Calendar Hearing, the court will generally cancel that hearing and issue a written Scheduling Order instead.

The Scheduling Order sets deadlines for submitting written pleadings and any applications for relief.

Why Early Representation Matters

Decisions made early in the case, often before the initial Master Calendar Hearing, can include whether to concede allegations and charges, whether there may be a basis to file any motion to terminate or suppress evidence, and whether to file applications for relief from removal.

Early legal representation can provide time to assess whether there are defects in the NTA, evaluate defenses, prepare applications properly, and avoid unnecessary court appearances.

Every case is different.  Many cases have strong grounds for termination or relief despite DHS filing an NTA showing that they want to pursue removal.  The issuance of an NTA does not mean it is time to panic.  But it is time to consult with an immigration lawyer who specializes in removal defense to come up with the best strategy possible.