A Notice to Appear in immigration proceedings, formally Form I-862, is the charging document the Department of Homeland Security uses to start a deportation case against you.1Executive Office for Immigration Review. The Notice to Appear It lays out the government’s factual claims about you, the legal grounds it says make you removable, and an order to appear before an immigration judge. What you do after receiving it — showing up, keeping your address current, and finding a lawyer — shapes nearly every option you still have.
What the Document Says About You
Federal law requires the NTA to spell out several things: the nature of the proceedings, the legal authority behind them, the specific conduct the government says violated immigration law, and the formal charges with the statutory sections you allegedly violated.2Office of the Law Revision Counsel. 8 USC 1229 – Initiation of Removal Proceedings It must also tell you that you have the right to hire a lawyer and give the time and place of your hearing.
The form itself collects your name, any aliases, and your Alien Registration Number (A-Number).3U.S. Immigration and Customs Enforcement. DHS Form I-862 – Notice to Appear Below that come the government’s factual allegations — typically your country of citizenship, how and when you entered, and your current status — and one or more charges of removability. A common example is section 212(a)(6)(A)(i) of the Immigration and Nationality Act, which covers being present in the country without having been admitted or paroled.4Office of the Law Revision Counsel. 8 USC 1182 – Inadmissible Aliens
Your first hearing cannot be set sooner than 10 days after you receive the NTA unless you ask in writing for an earlier date.2Office of the Law Revision Counsel. 8 USC 1229 – Initiation of Removal Proceedings That window exists so you can look for a lawyer.
Check Whether Your NTA Is Complete
DHS has often issued NTAs without an actual hearing date, using a placeholder like “to be determined.” The Supreme Court ruled in Pereira v. Sessions (2018) that an NTA missing the time or place of the hearing does not qualify as a proper notice to appear for certain legal purposes.5Supreme Court of the United States. Pereira v. Sessions In Niz-Chavez v. Garland (2021), the Court held that all the required information must appear in a single document, not spread across separate mailings.6Supreme Court of the United States. Niz-Chavez v. Garland Whether your NTA was complete when it was served can affect your eligibility for relief later, so keep the original document and note exactly what it said.
Keep the Court’s Address for You Current
DHS usually hands you the NTA in person, often at an arrest, border encounter, or scheduled appointment. When personal service is not possible, the law allows mailing it to you or your attorney at the most recent address you provided.2Office of the Law Revision Counsel. 8 USC 1229 – Initiation of Removal Proceedings
That last point creates an ongoing duty. You must update the immigration court every time your address or phone number changes by filing a Change of Address Form (EOIR-33) within five business days.7Executive Office for Immigration Review. Change of Address Form (EOIR-33/IC) The court will not update your contact information from anything else you file. If a hearing notice goes to a stale address because you never filed the form, the court can hold the hearing without you. This is one of the most common ways people end up with a removal order they never saw coming.
You Have the Right to a Lawyer, but Not a Free One
You are entitled to be represented in removal proceedings, but the government will not appoint an attorney for you.8Office of the Law Revision Counsel. 8 USC 1362 – Right to Counsel Immigration court is not criminal court; there is no public defender.
The Executive Office for Immigration Review keeps a list of nonprofit organizations and attorneys who commit to at least 50 hours per year of free legal services at specific court locations.9Executive Office for Immigration Review. List of Pro Bono Legal Service Providers Your NTA must tell you about this list. Demand for free representation is far higher than supply, so contact these organizations as soon as you can.
Your First Hearing: The Master Calendar
Your first appearance is called a master calendar hearing. It is a short, preliminary session where the judge handles scheduling, confirms your contact information, and takes your response to the charges.10Executive Office for Immigration Review. 3.14 – Master Calendar Hearing Many other cases will be on the same calendar.
The judge will go through the factual allegations on your NTA one by one and ask you to admit or deny each. Then the judge turns to the formal charges of removability and asks whether you concede or contest them. If you admit the allegations and the judge sustains the charges, you are found removable. The case then moves to whether you qualify for any form of relief that would let you stay.
The judge will also ask whether you plan to apply for relief. The main options include asylum for people fleeing persecution, cancellation of removal for certain long-term residents, adjustment of status for those eligible for a green card, voluntary departure (which avoids a formal removal order), and withholding of removal for people who face a likelihood of persecution if returned. Each has its own eligibility rules and filing deadlines, and missing a deadline can foreclose the option permanently.
If You Are Detained: Requesting Bond
If DHS has you in custody when the NTA is filed, you can ask an immigration judge for a bond hearing to be released while your case moves forward. There is no filing fee, and the request can be made orally at your first hearing or in writing.11Executive Office for Immigration Review. Bond Proceedings Include your full name, A-Number, the bond amount DHS set, and where you are detained.
Not everyone qualifies. Immigration judges cannot set bond for arriving aliens in removal proceedings, individuals deemed a national security risk, or people ineligible for release on certain criminal grounds.11Executive Office for Immigration Review. Bond Proceedings If you are released, you can seek a new bond determination within seven days; after that, you must show a material change in circumstances.
Why the Date You Were Served Matters
Receiving an NTA has one effect that has nothing to do with the hearing itself. For anyone hoping to apply for cancellation of removal, the date you were served with the NTA is the date the clock stops on your continuous physical presence and continuous residence.12Office of the Law Revision Counsel. 8 USC 1229b – Cancellation of Removal; Adjustment of Status Cancellation requires 7 years of continuous residence for lawful permanent residents or 10 years of continuous physical presence for non-permanent residents, so the stop-time rule can be the difference between qualifying and falling short.
Under Pereira and Niz-Chavez, an NTA missing the time or place of the hearing does not trigger the stop-time rule.6Supreme Court of the United States. Niz-Chavez v. Garland If DHS served you with an incomplete NTA and later mailed a separate hearing notice, the clock may not have stopped when you received the original. This has changed the outcome for many respondents, and it is worth raising with an attorney even if the rest of your NTA looks routine.
What Happens If You Miss a Hearing
Not showing up is one of the worst outcomes in immigration court. If you fail to appear, the judge must order you removed in absentia as long as the government proves, by clear, unequivocal, and convincing evidence, that you received proper written notice and that you are removable.13Office of the Law Revision Counsel. 8 USC 1229a – Removal Proceedings14eCFR. 8 CFR 1003.26 – In Absentia Hearings Notice counts as sufficient if it was mailed to the most recent address you gave the court.
An in absentia order carries the same weight as one issued after a full trial. On top of that, if you were given oral notice in a language you understand about the consequences of failing to appear, you become ineligible for cancellation of removal, voluntary departure, adjustment of status, and several other forms of relief for 10 years after the order is entered.13Office of the Law Revision Counsel. 8 USC 1229a – Removal Proceedings That bar applies even if you would otherwise meet every requirement.
Reopening an In Absentia Order
There are two narrow ways to undo an in absentia order. If you missed the hearing because of exceptional circumstances beyond your control, such as a serious illness, domestic violence, or the death of an immediate family member, you can file a motion to reopen within 180 days.13Office of the Law Revision Counsel. 8 USC 1229a – Removal Proceedings The statute specifically excludes “less compelling circumstances.” Inconvenience or confusion is not enough.
The second path has no deadline: you can move to reopen at any time if you never actually received proper notice, or if you were in federal or state custody and the missed appearance was not your fault.13Office of the Law Revision Counsel. 8 USC 1229a – Removal Proceedings Filing either motion pauses your removal while the judge considers it. Given the stakes, get legal help before filing.
Track Your Case
Once DHS has filed your NTA with the court, you can check your case through EOIR’s Automated Case Information System, online or by phone.15Executive Office for Immigration Review. Automated Case Information System You will need your A-Number to see hearing dates, court locations, and decisions. Check it regularly, especially if you have moved or changed attorneys. The system reflects the court’s records regardless of what mail has or has not reached you.