Deportation Defense Basics: What to Do If You Receive a Notice to Appear

By: Jarbath Peña Law Group

Receiving a letter from the government can be unsettling, but few documents cause as much immediate fear and anxiety as a Notice to Appear (NTA). This official paper from the Department of Homeland Security (DHS) signals the start of removal proceedings, more commonly known as deportation. The moment you hold that notice, it can feel like your world is tilting on its axis. Questions flood your mind: What does this mean? What did I do wrong? Will I be separated from my family?

It is a deeply distressing experience, but it is critical to understand that receiving an NTA is not the end of the road. It is the beginning of a legal process, and you have the right to defend yourself. Taking immediate, deliberate action can make a significant difference in the outcome of your case. You are not alone in this journey. This guide will explain what an NTA is and provide practical, supportive steps to help you face what comes next.

What is a (NTA)?

A Notice to Appear is the official charging document that the U.S. government uses to begin removal proceedings against a non-citizen. In simple terms, it is a legal summons that requires you to appear before an immigration judge. The NTA formally accuses you of violating U.S. immigration laws and explains why the government believes you should be removed from the country.

This document contains vital information that forms the foundation of the government's case against you. It is crucial to read it carefully.

Key Information on the NTA:

• Your Personal Details: Your name, address, and "A-Number" (your Alien Registration Number).

• The Charges: The NTA will list factual allegations, such as when and where you entered the U.S. and whether you did so without permission.

• The Legal Grounds for Removal: It will cite specific sections of the Immigration and Nationality Act (INA) that the government claims you have violated. This is the legal basis for your potential deportation.

• Notice of Hearing: The document should specify the date, time, and location of your first hearing in immigration court, known as a Master Calendar Hearing. If this information is missing, you will receive a separate hearing notice later.

Understanding these components is the first step in building your defense. The charges and allegations are not proven facts—they are claims that the government must prove in court.

Why Would Someone Receive an NTA?

There are numerous reasons why DHS might initiate removal proceedings. Often, the NTA is triggered by an interaction with a government agency.

Common Triggers for an NTA:

• Denied Immigration Application: If you applied for a Green Card, asylum, or another immigration benefit and were denied, USCIS may issue an NTA if you have no other legal status to remain in the U.S.

• Criminal Conviction: Being arrested for or convicted of certain crimes can make a non-citizen deportable, even if they are a lawful permanent resident (Green Card holder).

• Visa Overstay: Remaining in the U.S. after your authorized period of stay on a visa has expired.

• Entry Without Inspection: Crossing the border into the U.S. without authorization or inspection by an immigration officer.

• Allegations of Fraud: If the government believes you committed fraud or made a willful misrepresentation to obtain an immigration benefit.

Regardless of the reason, the NTA must be taken with the utmost seriousness. Ignoring it will lead to an "in absentia" order of removal, meaning you will be ordered deported without ever having the chance to present your case.

Immediate Steps to Take After Receiving an NTA

The moments after reading an NTA are critical. Your actions can set the tone for your entire defense. It is time to be proactive, not reactive.

1. Do Not Panic, but Act Quickly

It is natural to feel fear, but letting it paralyze you is a mistake. Read the entire document carefully. Note the date of your hearing and put it on your calendar immediately. Missing this court date has severe consequences.

2. Do Not Sign Anything You Don't Understand

In some situations, an immigration officer might present you with an NTA in person and ask you to sign documents. You are not required to sign away your rights, such as agreeing to "stipulated removal" or "voluntary departure," without speaking to an attorney. Politely state that you wish to consult with legal counsel first.

3. Gather Your Documents

Start collecting every piece of paper related to your life and immigration history in the United States. This is your evidence. Create a file and include:

• Your passport, birth certificate, and any visas.

• Your I-94 Arrival/Departure Record.

• Any previous immigration applications and receipt or approval notices.

• Your marriage certificate, and birth certificates for your children.

• Proof of how long you have lived in the U.S. (school records, leases, utility bills, employment records).

• Any documents related to a criminal record, including police reports and court dispositions.

4. Find an Experienced Immigration Attorney Immediately

This is the single most important step you can take. Deportation defense is one of the most complex areas of law. An experienced immigration lawyer understands the court procedures, knows the judges and government attorneys, and can identify potential defenses you would never find on your own. Statistics consistently show that individuals with legal representation have a much higher success rate in immigration court than those who go it alone.

Preparing for Immigration Court

Your first appearance, the Master Calendar Hearing, is primarily procedural. The judge will read the charges against you, ask you to confirm your name and address, and inquire whether you have a lawyer. You will be asked to "admit" or "deny" the government's allegations. This is a critical legal step that should only be taken with the guidance of an attorney.

Your lawyer will help you identify a strategy for relief from removal. Potential defenses might include:

• Cancellation of Removal: For those with 10 years continuous physical presence, good moral character, no disqualifying crimes, and “exceptional and extremely unusual hardship” to a qualifying US citizen or LPR spouse/parent/child.

• Asylum, Withholding of Removal, or Protection under the Convention Against Torture: For those who fear persecution or torture in their home country.

• Adjustment of Status: Applying for a Green Card through a family member or employer, if eligible.

• Waivers: Forgiving certain grounds of inadmissibility or deportability.

• Challenging the NTA: Arguing that the NTA itself is legally defective or that the government's charges are incorrect.

Building a strong case takes time. Your attorney will help you gather evidence, prepare testimony, and find expert witnesses if needed.

How We Can Help Guide You

Facing deportation is a fight for your future, your family, and the life you have built. At Jarbath Pena Law Group, we understand the immense weight of this moment. We see our role as more than just legal representatives; we are your dedicated advocates and supportive guides, standing by you every step of the way.

• We Analyze Your Case: We will meticulously review your NTA and your entire immigration history to identify the strongest possible defense strategy.

• We Represent You in Court: Our experienced attorneys will stand with you before the immigration judge, handle all legal arguments, and fight to protect your rights.

• We Build a Powerful Defense: We help you gather the evidence and craft the personal testimony needed to present a compelling case for relief from removal.

• We Offer Clarity and Support: We demystify the court process, explaining your options in clear language and providing the reassuring support you and your family need during this difficult time.

You do not have to face the immigration court alone. Let our experience and dedication be your shield.

Take the first step in defending your future. Contact the Jarbath Pena Law Group today at 305-615-1005 or visit our website at www.jp-lawgroup.com to schedule a consultation.