Sample Notice to Appear
A Notice to Appear commences removal (deportation) proceedings against the person
who is named in the Notice, but only when it has been filed with the Immigration
Court. Until it is filed, the Immigration Court lacks jurisdiction to
order removal of a person from the United States. Click the link for more information about removal,
deportation and inadmissibility proceedings.
Sample of front of Notice to Appear
The grounds asserted by the Government to justify removing the Respondent
from the country are listed on the front of the Notice to Appear. It is
a list of charges. Any legal or factual errors in the allegations of the
Notice to Appear can lead to termination of the proceedings unless amendment
to the Notice to Appear is requested in time and allowed. Such amendments
are routinely made by Government lawyers and granted by Immigration judges.
Sample of back of Notice to Appear
In addition to filing the Notice to Appear in court, it must be served
on the Respondent. This can be done by regular mail, certified mail or
in person. If the person is not served, then the proceedings have no legal
effect. However, where a Respondent has changed residence without notifying
the Immigration authorities, arrival of the mail to the Respondent at
the old address may be presumed in the absence of evidence to the contrary
and an order of removal entered in absentia, that is, without knowledge
or participation of the Respondent. (This is a good reason to keep the
USCIS and Immigration Court aware of any change of residence.) Re-opening
such proceedings to set aside the absentia order and for a hearing on
the true facts and law presented by the case is not an easy matter and
should be only be attempted with a competent and experienced immigration
If an order of removal was entered against you or a loved without their
knowledge or participation, and a decision should be taken whether to
contest it, please contact Messing Law Offices
to schedule a confidential initial consultation.
The eventual outcome of the removal proceedings can be 1. an order of
deportation, 2. termination of the case, or 3. a grant of relief from
removal. The last two possibilities constitute a win for the Respondent
and allow a further period of time in which s/he is authorized to remain
in the United States. Either the Respondent or the Government can appeal
a removal decision to the Board of Immigration Appeals. Decisions of the
Board of Immigration Appeals can be reviewed by petition to the federal
circuit court of appeals for the geographic area in which the deportation
proceedings were held.
Often while in removal the respondent is entitled to employment
authorization, which allows a respondent to work legally and save
money while the case is proceeding through the immigration courts. If
you have received have questions about whether you can obtain employment
authorization, please contact Messing Law Offices
for a free seven minute telephonic consultation or to schedule an initial
To apply for employment authorization, consult the forms section of the
If you have received a Notice to Appear and are unsure of what to do
next, please contact Messing Law Offices for a
free seven minute telephonic consultation or to schedule an initial consultation.
Expedited Removal without a Notice to Appear
In some cases, removal can be effectuated administratively by the Government
without a hearing before an Immigration Judge, in which case, a Notice
to Appear does not issue.
Section by Section Discussion of the Notice to Appear by John H. Messing, Messing Law Offices, Arizona immigration lawyer
Below appears the same sample of a Notice to Appear, this time with the
various sections highlighted in different colors, for greater clarity.