The Document That Starts Everything
Few pieces of paper change a family's life as completely as a Notice to Appear. The form looks unassuming, two or three pages of small print on plain white stock, but it is the document the Department of Homeland Security uses to put a person into removal proceedings before an immigration court. Once it is filed with the court, the clock starts running on hearings, on relief applications, and on every decision that will follow.
If you have just been handed a Notice to Appear, or if someone you love has been served with one, this guide will walk you through what the document is, what it does, what it must contain to be valid, what the 2025 USCIS policy memo changed, and the most important steps to take in the days and weeks after you receive it. I write as a humanitarian immigration attorney in Massachusetts who has seen how much can turn on understanding this single document well.
What Is a Notice to Appear?
A Notice to Appear, often called an NTA, is the charging document that begins removal proceedings under section 240 of the Immigration and Nationality Act (INA). It is officially designated as Form I-862. It is issued by the Department of Homeland Security and filed with the Executive Office for Immigration Review (EOIR), which runs the immigration courts within the Department of Justice.
The legal authority for the NTA comes from INA section 239, codified at 8 U.S.C. section 1229. The regulations that govern its contents and filing are found at 8 CFR section 239.1 and 8 CFR section 1003.15. Three components of DHS are authorized to issue NTAs: U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and Border Protection (CBP), and U.S. Citizenship and Immigration Services (USCIS).
Removal proceedings do not officially begin when DHS hands you the NTA. They begin when DHS files the NTA with the immigration court. Sometimes there is a gap of days, weeks, or even months between service and filing.
What Must an NTA Contain?
INA section 239(a)(1) lists the items a Notice to Appear must include. These are not optional. The statute requires the NTA to specify the following:
- The nature of the proceedings against the respondent
- The legal authority under which the proceedings are conducted
- The acts or conduct alleged to violate the law (the factual allegations)
- The charges against the respondent and the statutory provisions alleged to have been violated
- The respondent's right to be represented by counsel and the right to a list of free or low-cost legal service providers
- The consequences of failing to appear, including the possibility of an in absentia removal order under INA section 240(b)(5)
- The address of the immigration court where DHS will file the NTA
- The time and place of the initial hearing
The last item, the time and place of the hearing, has been the source of more litigation than any other piece of the NTA over the last decade. We will come back to it shortly.
The Two Sides of the NTA: Allegations and Charges
The body of every NTA has two pieces that you should read carefully with your attorney.
The factual allegations are numbered statements about who you are and what DHS says you did. They usually look like this: (1) You are not a citizen of the United States; (2) You are a native and citizen of Brazil; (3) You entered the United States at or near a specified location on a specified date; (4) You entered without being admitted or paroled, or you were admitted as a B-2 visitor and remained beyond your authorized stay.
The charges of removability are the specific provisions of the INA that DHS says you violated, often INA section 212(a)(6)(A)(i) (present without admission or parole) or INA section 237(a)(1)(B) (overstaying a visa). These charges determine which forms of relief you may apply for and what burdens of proof apply.
At your first hearing, the immigration judge will read these allegations and charges and ask whether you admit or deny each one. The answer your attorney gives matters. Admissions can be hard to take back, and they can affect every later phase of your case.
The 10-Day Rule and Your First Hearing
Once the NTA is filed with the immigration court, you are entitled to time to prepare. Under EOIR procedure, at least 10 days must elapse between service of the Notice to Appear and the initial master calendar hearing, unless you sign a Request for Prompt Hearing waiver included in the NTA. The purpose of this 10-day period is to give you a real opportunity to find a practitioner and to prepare to respond.
The first hearing is usually a master calendar hearing, a short procedural appearance where the judge confirms your identity, takes pleadings on the allegations and charges, sets deadlines, and schedules an individual (merits) hearing if you are applying for relief. Master calendar hearings can be in person or by video, depending on the court.
Do not skip a master calendar hearing. Even if your NTA looks confusing, even if the date and time changed at the last minute, even if you are not yet sure what to say, you must appear. Failing to appear when DHS has provided proper notice can result in an in absentia removal order under INA section 240(b)(5). If you cannot reach the court because of a true emergency, document it carefully and contact an attorney immediately.
Pereira, Niz-Chavez, and the Stop-Time Rule
For years DHS routinely served NTAs that did not include a date and time of the hearing, with the court mailing a separate notice later. The Supreme Court has now twice ruled that this is not what the statute requires.
In Pereira v. Sessions, 585 U.S. 198 (2018), the Court held 8 to 1 that an NTA that does not specify the time and place of the removal hearing is not a "notice to appear" under INA section 239(a) and therefore does not trigger the stop-time rule for cancellation of removal under INA section 240A(d)(1). The stop-time rule cuts off the period of physical presence or residence a noncitizen has accumulated for purposes of cancellation. If the NTA did not stop time, many people who thought they were ineligible for cancellation may in fact qualify.
Three years later, in Niz-Chavez v. Garland, 593 U.S. 155 (2021), the Court held 6 to 3 that the stop-time rule is triggered only by a single document containing all of the required information, including the time and place of the hearing. A defective NTA followed later by a separate hearing notice does not cure the defect for stop-time purposes.
The Board of Immigration Appeals has separately addressed whether a defective NTA requires termination of proceedings. In Matter of Fernandes, 28 I&N Dec. 605 (BIA 2022), the Board held that the time-and-place requirement in INA section 239(a)(1) is a claim-processing rule rather than a jurisdictional rule, and that an objection to a noncompliant NTA is generally timely if raised before the close of pleadings. The Board has further held that DHS may move the immigration judge to remedy a defective NTA. See Matter of R-T-P-, 28 I&N Dec. 828 (BIA 2024). Whether to raise an NTA defect objection, and what to ask for as a remedy, is a careful tactical choice that depends on the relief you are seeking and where your case sits in the timeline.
The 2025 USCIS NTA Policy Memo
On February 28, 2025, USCIS issued a policy memorandum, "Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens," that substantially expanded the situations in which USCIS will issue an NTA after denying an immigration application. Under the 2025 memo, USCIS generally must issue an NTA when it denies a benefit and the person is no longer in lawful status, when there is a finding of fraud or willful misrepresentation, and in cases involving criminal grounds of inadmissibility or removability. The memo also narrowed officer discretion not to issue an NTA to "very limited and compelling instances."
The practical effect is that filing an application with USCIS now carries more downside risk than it did under earlier policies, especially for people without strong underlying status. Anyone considering filing an adjustment of status, a humanitarian benefit, a naturalization application, or a TPS or DACA renewal in this environment should have a careful conversation with an immigration attorney first about what happens if the application is denied.
How an NTA Is Served
Under INA section 239(a)(1) and 8 CFR section 103.8, an NTA is served either in person or by mail to the address the noncitizen last provided to the government. Service by mail to the last known address is sufficient if personal service is not practicable. This is one reason that maintaining an accurate mailing address is so important.
If you are in DHS custody, you will typically be served in person and may be transferred to a detention facility either inside or outside Massachusetts before your first hearing. Knowing where a detained loved one has been transferred and which court has jurisdiction is often the first practical question a family must answer.
Change of Address: Form EOIR-33
Once your NTA has been filed with the immigration court, you have an ongoing legal obligation to keep your address current. Under 8 CFR section 1003.15(d) and EOIR practice, you must file Form EOIR-33/IC, Change of Address/Contact Information, with the immigration court within five working days of any change of address or telephone number. You must also serve a copy of the form on the ICE Office of the Principal Legal Advisor (the ICE attorneys) for that court.
This is not a paperwork formality. If the court mails a hearing notice to an old address and you do not receive it, the judge may order you removed in absentia. Many people in removal proceedings have lost their cases because a single piece of mail went to the wrong house. File the EOIR-33 the same week you move, and keep a copy.
Master Calendar, Pleadings, and Relief
Receiving an NTA is the start, not the end, of your case. Depending on your circumstances, you may be eligible for one or more forms of relief from removal. The most common include:
- Asylum, withholding of removal, and Convention Against Torture protection for people who fear persecution or torture if returned to their home country
- Cancellation of removal for certain long-term residents or lawful permanent residents under INA section 240A
- Adjustment of status for people with a qualifying family or employment-based petition
- VAWA cancellation or self-petition for survivors of abuse by a U.S. citizen or lawful permanent resident
- Special Immigrant Juvenile Status (SIJS) for children who have been abused, neglected, or abandoned
- U-Visa and T-Visa protections for victims of qualifying crimes and trafficking
- Voluntary departure under INA section 240B in cases where no other relief is available
Your NTA itself does not tell you which of these you qualify for. A careful conversation with an attorney about your history, your family, and your fears is the only way to know.
Common Mistakes to Avoid
Some of the most painful cases I see start with avoidable missteps in the first weeks after an NTA is served. The most common include:
- Ignoring the NTA. The proceedings will continue whether or not you read your mail. A missed hearing usually means an in absentia removal order.
- Admitting allegations too quickly. Without an attorney, many respondents admit allegations they did not have to admit and waive defenses they did not know existed.
- Failing to file Form EOIR-33 after moving. One unforwarded hearing notice can undo years of careful preparation.
- Filing new USCIS applications without legal advice. Under the 2025 NTA memo, a denied application can lead directly into removal proceedings.
- Assuming the case is hopeless. Many people in removal proceedings have viable relief. The defenses you may have are not always obvious from your NTA.
What to Do This Week If You Received an NTA
If you have just received a Notice to Appear, here is a practical checklist for the first week:
- Read the entire NTA, front and back, including the certificate of service at the bottom.
- Write down the date and time of your first hearing and the name and address of the court. If a date and time are missing, expect a separate hearing notice to arrive by mail.
- Confirm the address on the NTA is your current address. If it is not, plan to file Form EOIR-33 once your case has been filed with the court.
- Use the EOIR Automated Case Information system or call 1-800-898-7180 to check whether your case has been filed and to confirm your next hearing date.
- Gather basic documents: passport, prior immigration paperwork, marriage and birth certificates, evidence of time in the United States, and any documents related to family members in lawful status.
- Contact an immigration attorney for a consultation. Do not wait for the first hearing to start preparing.
Frequently Asked Questions About Notices to Appear
A Word to Families in Massachusetts
For the Brazilian, Haitian, and broader immigrant communities in Massachusetts, a Notice to Appear is often the first time a family sees the federal immigration system up close. The paper itself can feel deliberately impenetrable. The good news is that the law also offers real procedural and substantive protections, from the 10-day rule and the EOIR-33 address obligation to the protections of Pereira, Niz-Chavez, and Matter of Fernandes. None of those protections work on their own. They work when someone reads the NTA carefully, files the right paperwork on time, and asks the right questions in the right order at the right hearing.
If you have an NTA in hand, you still have time to build a defense. Use it.
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