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NTA | Non-Detention Docket

NTA | Non-Detention Docket

Serving San Antonio, Austin and McAllen, Texas

What is the Notice to Appear?

The Notice to Appear is a legal document that can only be issued by the Immigration and Customs Enforcement branch of U.S. Customs and Immigration Services. The document authorizes the Executive Office for Immigration Review to begin removal proceedings against the individual that it names. Notice to Appear papers can be issued for a wide variety of reasons. Once they have been issued, the Executive Office for Immigration Review will set up a formal removal hearing. If the individual named in the Notice to Appear is found to be guilty of the charges that it outlines, he or she will either be forcibly removed from the United States or permitted to “voluntarily depart.” In both cases, he or she must wait for a pre-determined period of time before reentering the country. For a comprehensive explanation of a Notice to Appear, seek advice from an immigration lawyer who has knowledge of NTA.

Basic Structure of a Notice to Appear

There are three parts to every Notice to Appear document. These are:

  • Allegations. There are four “allegations” that can be leveled against a foreign national. These form the basis of the state’s case against the individual. They include the foreign national’s citizenship status, visa status, arrest record and conviction record.
  • Charges. This section outlines the specific crimes with which the foreign national may be charged. They typically involve some variation on the behaviors outlined in the “allegations” section.
  • Identifying information. This information is used to confirm the identity of the foreign national. It is especially important when the accused individual is determined to be living in the United States without documentation.

Common Charges

Foreign nationals who have been served with Notice to Appear papers typically face one or more of the following four charges:

  • Overstaying an existing visa or entering the U.S. without a visa
  • Committing a crime of “moral turpitude,” including larceny or conspiracy
  • Committing a drug-related felony, including drug trafficking and conspiracy
  • Committing an “aggravated felony,” like assault or certain sexual crimes

Individuals who are found guilty of these crimes may be subject to removal. According to current statistics, just one in 20 self-represented foreign nationals is able to secure a cancellation of removal. As such, it is important that all foreign nationals who receive Notice to Appear papers retain a qualified immigration attorney.

How We Can Help

At the Gutierrez Law Firm, we understand that nobody is perfect. Over the years, our compassionate immigration attorneys have fought for the rights of hundreds of clients who have been served with Notice to Appear papers. With nearly a quarter-century of experience, we can defend against virtually every basis for removal. Throughout the complicated and often painful hearing process, we can offer guidance and support at every juncture. Based on our past experiences, we pledge to offer judicious counsel at all times.

To learn more about removal proceedings, schedule a confidential consultation with an immigration attorney who has experience with Notices to Appear. Call the Gutierrez Law Firm today at 210.225.7114.

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