What Is a Notice to Appear?
A Notice to Appear (NTA) is a document issued by the Department of Homeland Security (DHS) that initiates removal proceedings against a non-citizen. It lists the charges against you and orders you to appear before an immigration judge. Receiving an NTA does not mean you will be deported — it means the government is seeking to deport you, and you have the right to fight it.
The Immigration Court Process
Master Calendar Hearing
Your first appearance before an immigration judge is called a Master Calendar Hearing. This is typically a brief administrative hearing where you enter your plea (admitting or denying the charges), and the judge schedules future hearings. Having an attorney at this stage is critical.
Individual Merits Hearing
This is the full hearing where you present your case and defenses. It can last several hours. Your attorney presents evidence, examines witnesses, and makes legal arguments on your behalf.
Common Defenses Against Removal
Cancellation of Removal
If you have been a lawful permanent resident for at least 5 years and have resided continuously in the U.S. for at least 7 years, you may qualify for cancellation of removal. For non-LPRs, you must show 10 years of continuous presence and exceptional hardship to a qualifying U.S. citizen or LPR family member.
Asylum and Withholding of Removal
If you fear persecution in your home country based on race, religion, nationality, political opinion, or membership in a particular social group, you may be eligible for asylum or withholding of removal as a defense in immigration court.
Adjustment of Status
If you are eligible for a green card through a family member or employer, you may be able to adjust your status to lawful permanent resident even while in removal proceedings.
Why Speed Matters
Immigration court dockets are extremely backlogged, but that does not mean you have unlimited time. Missing a hearing date results in an automatic order of removal in absentia. Failing to file applications within deadlines can permanently bar you from certain forms of relief.
Contact the Law Office of Hong-min Jun immediately if you or a family member has received a Notice to Appear.