The Executive Office for Immigration Review (EOIR) operates immigration courts all over the U.S. EOIR is responsible for all hearings to deport immigrants illegally present in the U.S.
If you are a non-citizen, or an attorney with a non-citizen client, this article will cover a few key terms so that you may respond appropriately. The notice always used is most commonly referred to as an “NTA.”
A Notice to Appear (NTA) advises the immigrant or attorney to appear before an immigration judge.
Service by mail is sufficient if there is proof the government attempted to deliver the NTA to the last address provided. After receiving the NTA it is important to meet with an attorney and discuss the factual allegations presented in it. It is possible that the government may have alleged facts that are not accurate in the notice. One strategy an attorney may use is to challenge or concede to charges in this document.
Most scheduled hearings are what the court calls “master calendar hearings.”
A master calendar hearing is an individual’s first appearance before an Immigration Judge. The purpose of the master calendar hearing is to advise individuals of their rights, explain the removal charges filed, take pleadings, identify and attempt to narrow the factual and legal issues, and set deadlines for filing any papers needed for subsequent hearings.
So that you may have the opportunity to secure counsel, the law requires 10 days to elapse between service of the NTA and the first removal hearing.
Once the 10 days have elapsed, the government is free to pursue a removal hearing regardless of whether you have legal representation.
It is worth noting that the Department of Homeland Security (DHS) does not have permission to search your home without your consent. The NTA is not a warrant.
The government needs a warrant signed by a court (not an administrative agency such as the DHS) to search your property. You do not have to say anything to an immigration enforcement officer. Immigration is a civil matter.
Courts have said that immigration law is second only to tax law in its complexity.
Attorney Dena Wurman has represented clients in immigration hearings and removal proceedings for over a decade. If you received an NTA to appear, she is qualified and experienced to represent you, your client or your family member. For a confidential consultation call (646) 580-0617 or email email@example.com