Immigration Law Attorney

Deportation Defense Lawyer In Omaha, Nebraska

​

Fight for You and Your Family

​

Li Law Group,  Serving Nebraska and Beyond

​

1. What Is a Notice to Appear (NTA) in Immigration Court?

​

If you or a loved one has received a Notice to Appear (NTA), it means the U.S. government has initiated formal removal (deportation) proceedings. The NTA is a legal document issued by the Department of Homeland Security (DHS), and it plays a central role in the immigration court process. Understanding what the NTA is, what it contains, and how to respond is critical to protecting your rights.

​

​

​

​

​

​

​

​

​

 

​

 

 

 

 

 

 

​

​

 

 

 

 

​​

​

​

​

​

​

​

​

    

A Notice to Appear (NTA) is the document issued by the Department of Homeland Security to formally begin removal proceedings against a noncitizen in the United States. The NTA informs the recipient that they must appear before an immigration judge and provides a summary of the factual allegations and legal charges supporting their removal from the country.

It serves as the official charging document and is comparable to an indictment in criminal court. Once the NTA is filed with the Immigration Court, the individual is placed into removal proceedings under section 240 of the Immigration and Nationality Act (INA).​

​

​

2. Who Issues an NTA — and When?

​

An NTA can be issued by various components of the Department of Homeland Security (DHS):

• Immigration and Customs Enforcement (ICE): Often involved when someone is detained or encounters ICE officers.

• Customs and Border Protection (CBP): Typically issues NTAs at U.S. ports of entry or border crossings.

• U.S. Citizenship and Immigration Services (USCIS): May issue an NTA following the denial of an immigration benefit.

The issuance of an NTA typically follows a finding that an individual is removable under U.S. immigration laws, often after an arrest, visa overstay, failed application, or discovery of a prior removal order.

​

3. What’s Included in an NTA?

​

A properly completed NTA (Form I-862) should contain the following:

• Respondent’s personal identifying information

• Nature of the proceedings

• Allegations detailing how the respondent entered and remained in the U.S.

• Legal charges citing the INA

• Order to appear in court at a specified date, time, and location

It is critical that all information is reviewed carefully. Inaccuracies or missing information may impact case strategy, and in some cases, may be grounds for a motion to terminate proceedings.

​

4. Legal Challenges to Defective NTAs

​

In the 2018 Supreme Court case Pereira v. Sessions, the Court held that an NTA lacking the time and date of a scheduled hearing does not stop the accrual of time toward eligibility for cancellation of removal. The decision caused significant litigation around defective NTAs, particularly where immigrants seek relief that requires a certain duration of continuous residence in the U.S.

Subsequent decisions have clarified and, in some cases, limited Pereira’s reach. Nonetheless, an experienced attorney can analyze whether a defective NTA might present an opportunity to seek dismissal or termination of the case.

​

5. Your Rights and Responsibilities

​

If you are in removal proceedings, you have several rights:

• The right to be represented by an attorney (at your own expense)

• The right to receive notice of all charges and evidence

• The right to present evidence and examine witnesses

• The right to apply for relief from removal, including asylum, cancellation of removal, or adjustment of status

You also have responsibilities:

• Appear at all scheduled hearings

• Submit forms and documentation on time

• Update your address using EOIR Form 33

​

6. Can You Terminate or Dismiss an NTA?

​

Yes, under certain conditions, removal proceedings can be challenged through a motion to terminate or motion to suppress evidence. Common grounds include:

• Procedural defects in the NTA (e.g., missing time/date)

• Lack of jurisdiction

• Violations of constitutional rights (e.g., unlawful searches or coercive interrogations)

Each case is unique. A knowledgeable immigration attorney can identify viable legal arguments and tailor a defense strategy.

​

Conclusion: Knowledge is Power in Immigration Court

​

A Notice to Appear is the start of a legal process, not the end of your options. With skilled legal assistance, many individuals successfully fight removal or obtain relief. At Li Law Group, we understand the complexities of immigration court and are committed to guiding you every step of the way.

📞 Call us at (402) 224-6588,  402-391-2486, or visit www.lilawgroup.com to schedule a confidential consultation.

​​

​

​

Practical Tips if You Receive an NTA

​

• - Seek legal representation immediately.

• - Read the NTA thoroughly and check all details.

• - Track your case status via the EOIR hotline (1-800-898-7180).

• - File EOIR-33 within 5 days of any address change.

• - Stay informed and attend all court dates.

• - Prepare evidence early for any applications for relief.

​

​

​

​

​​

​

​

​

​

​

​

 

 

 

 

 

 

 

 

 

 

​