Defective Notices to Appear (NTAs)
A Notice to Appear (NTA) is an important document that places an individual in removal proceedings before an immigration judge. The NTA includes specific details about an immigration hearing, such as name, date of birth, nationality, the time and date of hearing, the legal grounds for removal, etc. The Department of Homeland Security (DHS) is responsible for issuing and serving NTAs with correct information about each individual in removal proceedings. Although the information on an NTA is required to be accurate, it is not uncommon for it to contain errors that could affect the outcome of the case.
It is important to review the NTA thoroughly. Common errors on the NTA would be incorrect personal information, allegations, or lack of hearing information. If you find any errors on your NTA, it needs to be addressed promptly. You may want to file a motion with the court to correct the errors. Ignoring the errors could result in delays, missing hearings, or unfavorable outcomes on your case. If you receive a scheduling order for your master calendar hearing, you should challenge any errors during the hearing, including the validity of the NTA if is missing critical information such as the time and date of the hearing.
Recently, the BIA, in Matter of R-T-P-, gave immigration judges the authority to amend the defective NTAs. This decision could raise judicial neutrality and procedural due process concerns, but it could also be an easy way to fix errors. Most of all, it is still important to appear in court even if you were served with a defective NTA. Previously, the Supreme Court held that a Respondent served with a defective NTA may still be ordered removed in absentia, if the respondent failed to appear at the hearing after receiving a notice of hearing. See Campos-Chaves v. Garland, 144 S. Ct. 1637, 1647 (2024).
Errors on the NTA could significantly impact your immigration case but they can also be an opportunity to challenge removal proceedings. The attorneys at Tanner Law Offices can assist you with your case process or provide you with additional information. Please contact our office at (717) 731-8114 to schedule a consultation to discuss your case.