The Notice to Appear (NTA): Frequently Asked Questions

If you or a family member has received a Notice to Appear, it is the document that starts an immigration court case. It can be confusing and alarming, especially when the hearing information is incomplete or missing. The questions below explain what the document is, what the information on it means, and what to do after you receive one.

This page is general legal information, not legal advice, and reading it does not create an attorney-client relationship. What an NTA means for a particular person depends on their history and circumstances, and the law in this area is changing quickly.

What is a Notice to Appear?

A Notice to Appear (NTA), formally known as Form I-862, is the charging document the government uses to begin removal (deportation) proceedings in immigration court. It notifies a person that the government believes they are removable from the United States, explains the factual and legal basis for the allegations, and initiates a case before an immigration judge. Receiving an NTA is the beginning of the immigration court process—it is not a final decision and not an order requiring the person to leave the United States. The individual will have the opportunity to appear before an immigration judge, respond to the government's allegations, and present any available defenses or applications for relief.image of a redacted NTA with location, date and time

What information is on an NTA?

An NTA identifies the person and explains why the government is placing them in removal proceedings. It usually includes the person’s name, address, alien registration number, the factual allegations the government is making, and the legal charge or charges under the immigration law that the government says make the person removable.

The factual allegations may include information such as how and when the person entered the United States, what immigration status they had, whether that status expired, or whether the government claims there was some other immigration violation. The NTA should also state where and when the immigration court hearing will take place, although sometimes that information is listed as “to be determined.”

It is important to read the allegations and charges carefully because they define what the government is claiming, what it must prove, and what the person will need to respond to in immigration court.

I received a Notice to Appear, but it has no hearing date or time to appear, or states "to be determined." What does that mean?

This is common. Many Notices to Appear were issued without a hearing date, time, or location, and the government later sent a separate hearing notice with that information.

For many years, NTAs were issued without the time and date, even when the location of the hearing was identified. This practice of issuing a Notice To Appear which omitted the date and time to appear was highly litigated which has almost ended issuing NTAs with this critical information. The fact that your NTA does not include the hearing date or says "to be determined" does not mean there is no immigration court case or that you can ignore it. It has important legal consequences. The Supreme Court has held that, for certain purposes, a Notice to Appear that does not include the time and place of the initial hearing is legally deficient. Depending on the circumstances, this may affect issues such as the "stop-time rule," which can determine whether someone has accrued enough continuous physical presence in the United States to qualify for certain forms of immigration relief.

Whether a defective NTA provides a legal advantage depends on the facts of the case and the current state of the law. If your NTA is missing the hearing information, an experienced immigration attorney should review it carefully to determine whether the defect may be relevant to your case.image of a redacted NTA with location, date and timeLink to video with client about what happened in his case.

How do I find out when and where my hearing is?

You can check the status of an immigration court case using the person's A-number through the EOIR automated case information telephone line at 1-800-898-7180 or through the immigration court's online case information system known as EOIR Automated Case Information System (ACIS) at https://acis.eoir.justice.gov/en/caseInformation/. It is recommended to check periodically, especially if the NTA does not list a date, because a hearing can be scheduled after the NTA is issued, sometimes on short notice. Do not rely solely on receiving a Notice of Hearing by mail; verify your hearing information independently.

Does getting an NTA mean I am being deported?

No. An NTA opens a case; it does not decide it. The person has the right to appear before an immigration judge, to contest the allegations and charges, i.e., admit or deny the allegations and contest the charge; and in many situations to apply to remain in the United States through one or more forms of relief. Many people who receive an NTA ultimately are not removed. The outcome depends on the facts of the case, the applicable law, and the forms of relief or defenses that may be available. An NTA should be taken seriously but it is the beginning of the court process—not the end of it.

What should I do right after receiving an NTA?

Do not ignore it or assume that nothing will happen if you do. Read the NTA carefully and note the factual allegations to determine whether they are accurate, the legal charges, and any hearing information. If the NTA does not include a hearing date or location, check the EOIR Automated Case Information System regularly using your A-number, as a hearing may be scheduled after the NTA is issued.

Make sure both the immigration court and DHS always have your current mailing address so you receive all notices. Most importantly, consult an experienced immigration attorney as soon as possible. The decisions made early in a case—including how you respond to the allegations and what forms of relief you pursue—can have a significant impact on the outcome of your case.

What if the information on my NTA is wrong, or it is missing required details?

Errors and omissions on an NTA should not be ignored. If the factual allegations are inaccurate, you, yourself if you self-represented, or your immigration attorney, may deny them and require the government to prove its claims rather than admitting facts that are incorrect.

If the NTA is missing required information—such as the date, time and place of the initial hearing—or contains other defects, those issues may have important legal consequences depending on the facts of your case and the current state of the law. In some situations, they may affect issues such as eligibility for certain forms of immigration relief or give rise to other legal arguments. The effect of a later hearing notice also depends on the particular legal issue involved.

Because the significance of errors or omissions can be highly technical, an experienced immigration attorney should review the NTA carefully to determine whether any defects may be used to your advantage.

Do I have to keep my address updated with the court?

Yes. Keeping your address current is one of the most important obligations you have while your immigration court case is pending. If you move, you must promptly notify both the immigration court and the Department of Homeland Security (DHS) of your new address. If your case is pending before the immigration court, address changes are generally made with the court using Form EOIR-33.

Hearing notices and other important documents are sent to the last address you provided to DHS. If your address is not current, you could miss a hearing without ever receiving notice, which may result in an in absentia (hyperlink) removal order—that is, an order of removal entered because you did not appear in court.

What happens if I do not show up to the hearing on my NTA?

Failing to appear at your immigration court hearing can result in an in absentia removal order—an order of removal entered because you did not appear in court. This can happen even if you were not present to tell your side of the story.

In some circumstances, such as when you did not receive proper notice of the hearing it is possible to ask the immigration judge to reopen the case. However, the legal requirements are strict, and different rules and deadlines may apply depending on the reason for the request.

The safest course is to attend every scheduled hearing, keep your address updated with both the immigration judge and DHS, and seek legal advice immediately if you believe you may miss a hearing or have already missed one.

I received an NTA recently. Could I be placed in expedited removal instead of going to court?

Possibly, depending on the circumstances. In some situations, a person who received an NTA and cannot establish sufficient continuous physical presence in the United States may be placed in expedited removal instead of continuing in removal proceedings before an immigration judge. Expedited removal is a streamlined removal process with more limited review than a case heard in immigration court.

In some cases, the government has sought to dismiss pending immigration court proceedings and proceed through expedited removal instead. Whether that is legally permissible depends on the facts of the case and the current state of the law.

Because the consequences can be significant and the law in this area continues to evolve, anyone in this situation should consult an experienced immigration attorney as soon as possible. It is also important to preserve evidence showing when you entered the United States and documenting your continuous physical presence.

The government filed a motion to dismiss my case. Should I be relieved?

Not necessarily. While dismissal of a removal case can sometimes be beneficial, it is not always good news. In some situations, the government has sought to dismiss pending immigration court proceedings and then place the person into expedited removal, a process with more limited review than proceedings before an immigration judge. Once a case is dismissed, the legal options and procedural protections available in immigration court may change.

Whether to agree to or oppose a motion to dismiss depends on the facts of the case, any applications for relief that are pending, and the current state of the law. This is a decision that should be made only after careful review with an experienced immigration attorney. What initially appears to be good news may have significant legal consequences.

What information do you need to review my NTA?

It is helpful to have a copy of the NTA itself, any later hearing notices, and the person's A-number. We also need information about how and when the person entered the United States, their immigration history, any criminal history, current address and contact information, family ties, and how long they have lived in the United States. Copies of any applications previously filed with USCIS or the immigration court, along with documents showing continuous physical presence in the United States, are also important.

With that information, it is often possible to evaluate whether the factual allegations and legal charges are accurate, whether the NTA contains any legal defects, what defenses or forms of relief may be available, and whether there are any deadlines or risks that require immediate attention.

The Law Behind This

These answers rest on the following authorities. This is a general reference, not advice on a specific case.

• **8 U.S.C. § 1229(a) (INA § 239)** — the required contents of a Notice to Appear (Form I-862), including the charges and the time and place of the hearing.
• **Pereira v. Sessions, 585 U.S. 198 (2018)** and **Niz-Chavez v. Garland, 593 U.S. 155 (2021)** — a Notice to Appear that omits the time and place is deficient and does not trigger the "stop-time rule," and a later, separate notice does not cure that defect.
• **8 U.S.C. § 1229b(d)(1)** — the stop-time rule, which fixes the period of continuous presence relevant to cancellation of removal and is why a defective NTA can matter.
• **8 C.F.R. § 1003.14** — removal proceedings begin when the charging document is filed with the immigration court, which can occur after the NTA is issued.
• **8 U.S.C. § 1229(a)(1)(F)** and **Form EOIR-33** — the obligation to keep a current address on file; under **8 U.S.C. § 1229a(b)(5)**, failure to appear can result in an order of removal entered in absentia.
• **Expedited removal, 8 U.S.C. § 1225(b)(1)**, and **motions to dismiss, 8 C.F.R. § 1239.2** — recent guidance has used these to route certain people who received an NTA into the faster expedited-removal process. (See our removal proceedings page.)

The information on this page is provided for general educational purposes and does not constitute legal advice or a guarantee of any particular outcome. Immigration law is complex, varies by jurisdiction, and is changing rapidly. To discuss the specifics of a person's situation, please contact the office for a consultation.