A removal proceeding is initiated by the Department of Homeland Security filing a Notice To Appear (NTA) with the Immigration Court on form I-862.
The NTA shall contain the following information: (1) the nature of the proceedings; (2) the legal authority for the proceedings; (3) the acts or conduct alleged to be in violation of law; (4) the charges against the respondent and the statutory provisions alleged to have been violated; (5) that the respondent may be represented by counsel and will be provided a list of counsel and a period of at least 10 days to procure counsel; (6) that the respondent must immediately provide the AG with a written address and telephone number (if any) where he or she may be contacted; (7) that the respondent must immediately provide the AG with a written record of any change of address or telephone number; (8) that if the respondent fails to comply with the notice requirements and does not provide an address (or change of address) and telephone number, a notice in writing need not be sent; (9) the time and place of the proceedings; and (10) that an in absentia order will be entered for failure to appear unless there are exceptional circumstances. INA §239(a)(1), 8 U.S.C. §1229(a)(1).
There are a number of different grounds to challenge an NTA including but not limited to contesting the charge of removability. The attorneys at Godoy Law Office, Ltd can help you analyze and successfully challenge the government’s NTA. Once an NTA challenge is decided in your favor we can help you move to terminate your removal proceeding. Contact us today for a case evaluation.
