What is a “Notice to Appear” in Immigration Court?
Immigration court proceeding is the name given to the process when the Department of Homeland Security is trying to remove someone from the USA. Under the Immigration and Nationality act, a person being removed from the country has the right to a court appearance.
To initiate court proceedings the DHS has to serve a Notice to Appear to the “respondent.” Respondent is the term given to the person who is in the process of deportation. DHS will serve upon the respondent a Notice to Appear, which notifies the respondent that they must present themselves at an immigration court on a certain date and time. Serving the Notice to Appear is the first step to start immigration removal proceedings. After the respondent has been given the notice, they should hire a experienced immigration attorney to help on their case.
What is in a Notice to Appear?
A Notice to Appear will contain a lot of useful information about your immigration case. Your immigration lawyer will need to see a copy of the Notice to Appear so that they can see the formal charges the government is bringing against you.
Information within the Notice to Appear
-Designation of Immigrant Class
-The facts against you
-The reason they are trying to deport you from the USA.
-Location and Time of Immigration Court
What happens after you have been served a Notice to Appear ?
After you have received your Notice to Appear, the Department of Homeland Security can now start its case against you. If you or someone you know received a Notice to Appear, it is extremely important you consult an immigration lawyer. Under no circumstance should you ignore the date and location given on the Notice to Appear. If you do not present yourself to court as indicated on the NTA, the judge will automatically grant you an order of deportation in absentia. Just by not showing up, you lose your case and have now been ordered deported from the USA.