A Notice to Appear (NTA) is issued by Immigration and Customs Enforcement specifies the date and location of your immigration court hearing. The first court hearing is referred to as a master calendar hearing. At this hearing the judge will be present along with a trial attorney on behalf of the Department of Homeland Security (DHS). You can be represented by an attorney but the government will not assign or pay an attorney for you.
During this brief hearing, the immigration judge will review preliminary matters to determine the reasons why you (the respondent) are in removal proceedings. The NTA will have a section indicating the allegation(s) and charge(s).The allegations indicate the reason(s) DHS believe you committed a violation of immigration laws and the charge(s) indicate which law(s) where violated. The immigration judge will read each allegation and charge and ask you whether you admit or deny each statement. In other words, whether you believe each statement to be true or false.If you have an attorney representing you, the attorney will do most of the talking. It is important to carefully review the NTA with the attorney well in advance of the master calendar hearing. Your answers to each allegation and charge will determine the forms of relief you are eligible for and determine which application(s) should be submitted.
Next, the immigration judge will ask what forms of relief you will be claiming. Some forms of relief include asylum, withholding of removal, cancellation of removal, adjustment of status, among others. Each form of relief has specific eligibility requirements and respondents may qualify for none or more than one. This portion of the process is referred to as identifying relief. The judge will also ask you to designate a country of removal if removal becomes necessary. As a general point, it is best to respectfully decline identifying a country of removal if filing for asylum since the crux of your asylum claim is that you are in fear of returning to your home country. As customary procedure, the immigration judge will identify your native country as the designated country of removal.
Finally, towards the conclusion of the hearing, the immigration court will provide you with a Notice of Hearing indicating the date for the individual merits hearing or for another master calendar hearing if one is necessary. The individual merits hearing is similar to the trial part of a case. The individual hearing is much longer and for the purpose of reviewing the substance and merits of applications for relief.
The immigration judge will then set several important dates as deadlines for the submission of applications and supporting documents as well deadlines for your biometrics (fingerprints) to be requested. It is important to attend all scheduled hearings, even if you do not have an attorney. Compliance with all deadlines is also mandatory and failure to do so can result in a determination by the court that you abandoned all forms of relief. If additional times is needed a motion should be timely submitted asking the court for additional time to properly present your case.
Receiving an NTA can be stressful and confusing but it is only the first step in removal proceedings. If you have received an NTA and need professional, experienced representation in immigration court, we invite you to contact the Serrano Law Firm PLLC. Our attorneys will review the NTA with you, understand your case and develop a strategic plan to fight your immigration court case.
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