A Notice to Appear (Form I-862) is the document the Department of Homeland Security files with the immigration court to begin removal (deportation) proceedings against someone. If you or a family member received one, the steps you take next matter a great deal.
1. Do not ignore it, and do not miss your hearing
If a person fails to attend an immigration court hearing, the immigration judge must order the person removed in absentia (in their absence) if DHS proves by clear, unequivocal and convincing evidence that written notice of the hearing was provided and that the person is removable. A removal order issued this way can be very difficult to undo: in general, a motion to reopen based on "exceptional circumstances" must be filed within 180 days of the order. A motion based on not having received proper notice may be filed at any time.
2. Check your hearing date and keep your address current
Some Notices to Appear list a hearing date; others say the date will be set later. You can check your case status through the Executive Office for Immigration Review (EOIR) Automated Case Information portal online or by phone. Have your A-number (alien registration number) ready.
If you move, you must tell the immigration court your new address using Form EOIR-33 within five days, and notify DHS of your new address within 10 days (Form AR-11). Hearing notices are mailed to the address on file, and saying you never received one is rarely a defense if you did not update your address.
3. Understand what happens in court
- Master calendar hearing: a short first hearing where the judge reviews the charges, asks how you respond and sets a schedule.
- Individual (merits) hearing: a later hearing where the judge hears testimony and evidence on any application for relief, such as asylum.
- Interpreters: the immigration court provides interpreters for hearings at no cost to you. Tell the court which language you speak, such as Amharic or Afaan Oromo.
- Right to a lawyer: you have the right to be represented by an attorney, but at no expense to the government. That means you must find and hire your own lawyer or a free legal service provider.
4. Know the deadlines that can affect your case
If you plan to apply for asylum, the law generally requires you to file within one year of your last arrival in the United States, with limited exceptions. Other forms of relief have their own requirements. An attorney can review which options may fit your situation.
5. Gather your documents
- The Notice to Appear and every letter you have received from the court, USCIS or ICE
- Your passport, visas and I-94 record
- Any prior applications or approvals (for example asylum, TPS or a family petition)
- Birth and marriage certificates and their translations
- Any arrest or court records, even if the case was dismissed
6. Be careful who you trust
Only licensed attorneys, DOJ-accredited representatives of recognized organizations, and a few others permitted by federal regulations may represent you in immigration matters. "Notarios" and unlicensed consultants cannot, and their mistakes can permanently harm your case.
How Gobena & Associates Can Help
We represent clients in removal proceedings and can explain each step in English, Amharic or Afaan Oromo. Non-detained cases in Minnesota are generally heard at the Fort Snelling Immigration Court, and in North Carolina generally at the Charlotte Immigration Court; detained or transferred cases may be heard elsewhere. Learn more about our immigration services, or read this information in Amharic or Afaan Oromo.
Sources
- 8 U.S.C. § 1229a, Removal proceedings
- 8 C.F.R. § 1003.15, Contents of the order to show cause and notice to appear
- Congressional Research Service, Formal Removal Proceedings: An Introduction
- Executive Office for Immigration Review, justice.gov/eoir
The information provided in this blog is for educational purposes only and does not constitute legal advice. Immigration law and policy change frequently; facts are current as of the date of this post. Please consult a qualified immigration attorney about your specific situation.
