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Notice to Appear (NTA): what it is, what it must say and what happens next

A Notice to Appear starts removal proceedings once it is filed with an immigration court. The statute lists what it must contain, sets a minimum of 10 days before the first hearing and requires an address on file with the court. Missing a hearing after proper written notice can lead to an order of removal in the person's absence.

A Notice to Appear, usually called an NTA, is the document that starts removal proceedings. It is a charging document: it says what DHS alleges and which parts of the immigration law DHS says apply. It is not a decision. No judge has found anything when the NTA is issued.

This page explains what the law says about the NTA: who can issue one, what it must contain, what the dates mean, what a person has to do about their address, what the judge does at the first hearing, and what the rules say about missing it. It describes rules as at 9 October 2026 and does not apply them to any one person's case. Removal proceedings run on strict deadlines, and a person with an NTA should speak to an attorney or a DOJ-accredited representative as early as possible. Notaries public, notarios and immigration consultants are not lawyers and cannot give immigration legal advice. Only a licensed attorney or a DOJ-accredited representative can.

Sources are the United States Code (8 U.S.C. 1229 and 1229a), the Code of Federal Regulations (8 CFR parts 239, 1003, 1239, 1240 and 1292, eCFR text for 1 October 2026) and EOIR's website. Quotation marks around a passage mean the exact words of the source.

What an NTA does in law

Two regulations define the NTA's role.

8 CFR 1239.1(a): "Every removal proceeding conducted under section 240 of the Act (8 U.S.C. 1229a) to determine the deportability or inadmissibility of an alien is commenced by the filing of a notice to appear with the immigration court."

8 CFR 1003.14(a): "Jurisdiction vests, and proceedings before an Immigration Judge commence, when a charging document is filed with the Immigration Court by the Service." The charging document "must include a certificate showing service on the opposing party".

Put together: DHS issues and serves the NTA on the person, and the case becomes a court case when DHS files it with the immigration court. A person may hold an NTA before the court has one; the date the court receives it is what opens proceedings.

Who issues it. 8 CFR 239.1(a) lists the DHS officers who may issue an NTA. It begins with any immigration officer performing an inspection of an arriving person at a port of entry and runs through district directors, chief patrol agents, field office directors, service center directors, supervisory immigration services officers and others. The list includes USCIS supervisory officers as well as ICE and CBP officials. So an NTA can follow an enforcement encounter, and it can also follow a benefit decision at USCIS.

Before the court has the case. Under 8 CFR 239.2(a), an authorised officer "may cancel such notice prior to jurisdiction vesting with the immigration judge" for listed reasons, including that the respondent is a US national, is not deportable or inadmissible, or that the notice "was improvidently issued". After proceedings start, 8 CFR 1239.2(c) lets DHS counsel move to dismiss, and 8 CFR 1003.18(d) gives immigration judges authority to terminate cases in listed circumstances. Whether any of those routes fits a particular case is a legal question.

What the NTA must contain

The statute sets the list. 8 U.S.C. 1229(a)(1) says written notice "shall be given in person to the alien (or, if personal service is not practicable, through service by mail to the alien or to the alien's counsel of record, if any)" and must specify:

  • (A) the nature of the proceedings;
  • (B) the legal authority under which they are conducted;
  • (C) the acts or conduct alleged to be in violation of law;
  • (D) the charges and the statutory provisions alleged to have been violated;
  • (E) that the person "may be represented by counsel" and will be given a period of time to secure counsel and a current list of counsel;
  • (F) the requirement to give the Attorney General a written record of an address and telephone number, and to report any change, and the consequences under section 240(b)(5) of failing to do so; and
  • (G) the time and place of the proceedings and the consequences under section 240(b)(5) of failing, "except under exceptional circumstances", to appear.

The regulation repeats the main items. 8 CFR 1003.15(b) adds that the NTA must include notice that the person may be represented "at no cost to the government, by counsel or other representative authorized to appear pursuant to 8 CFR 1292.1", the address of the immigration court where DHS will file it, and a statement about the duty to keep the court informed of an address, with the warning that failure "may result in an in absentia hearing".

Reading the charges. The NTA has two kinds of statement: factual allegations (for example a date of entry, a conviction, an overstay) and charges (the provision of the law DHS says makes the person removable). The judge asks the person to respond to both at the pleading stage (see below). Errors in a factual allegation matter, and an attorney or accredited representative reads them against the person's documents. This page cannot say which are right.

What the regulation says is not a right. 8 CFR 1003.15(c) lists administrative details the NTA provides to the court (names, address, registration number, nationality, language) and says "Failure to provide any of these items shall not be construed as affording the alien any substantive or procedural rights."

The date and place: statute versus regulation

The statute says the NTA must give "the time and place at which the proceedings will be held" (1229(a)(1)(G)(i)). The regulation, 8 CFR 1003.18(b), reads more loosely: "the Service shall provide in the Notice to Appear, the time, place and date of the initial removal hearing, where practicable. If that information is not contained in the Notice to Appear, the Immigration Court shall be responsible for scheduling the initial removal hearing and providing notice to the government and the alien of the time, place, and date of hearing."

In practice that means a person can receive an NTA with no hearing date and then a separate hearing notice from the court. The court, not DHS, is "responsible for scheduling cases and providing notice" (1003.18(a)).

Whether an NTA that lacks a date or place is legally sufficient, and what follows from that for the case, is a question of law that an attorney or accredited representative can assess. Do not assume a missing date means the case does not exist. Check the court's own system (see our page on how to check your immigration court case status).

If the date or place later changes, the statute requires written notice. 1229(a)(2)(A) says that for "any change or postponement in the time and place of such proceedings" a written notice must specify "the new time or place" and "the consequences under section 1229a(b)(5) of this title of failing, except under exceptional circumstances, to attend such proceedings". There is an exception in (B): "In the case of an alien not in detention, a written notice shall not be required under this paragraph if the alien has failed to provide the address required under paragraph (1)(F)."

Where the case sits. A change of immigration court is called a change of venue. Under 8 CFR 1003.20(b) the judge "for good cause, may change venue only upon motion by one of the parties", after the other side has had notice and a chance to respond, and under (c) no change is granted "without identification of a fixed street address, including city, state and ZIP code".

Ten days, five days and the address rule

Three numbers matter early.

Ten days to the first hearing. 8 U.S.C. 1229(b)(1): "the hearing date shall not be scheduled earlier than 10 days after the service of the notice to appear, unless the alien requests in writing an earlier hearing date." The purpose in the text is "to secure counsel". Subsection (b)(3) adds that nothing prevents the Attorney General from proceeding if that period has passed and the person has not found counsel.

Five days to give an address. 8 CFR 1003.15(d)(1): if the address is missing or wrong on the NTA, the person "must provide to the Immigration Court where the charging document has been filed, within five days of service of that document, a written notice of an address and telephone number at which the alien can be contacted." That can be done by filing Form EOIR-33. Paragraph (d)(2) sets the same five days for any later change of address, again on Form EOIR-33.

What the address does. The court mails hearing notices to the last address on file. 8 U.S.C. 1229a(b)(5)(A) says written notice "shall be considered sufficient" if "provided at the most recent address provided under section 1229(a)(1)(F)". And (B) says "No written notice shall be required under subparagraph (A) if the alien has failed to provide the address required". 8 CFR 1003.26(d) says the same: if the person fails to provide an address as required, "no written notice shall be required for an Immigration Judge to proceed with an in absentia hearing."

This is among the most practical rules on this page, and it is why the NTA itself carries a warning about the address duty (8 CFR 1003.15(b)(7)). The statute's word is "immediately" (1229(a)(1)(F)); the regulation's number is five days.

What the judge does at the first hearing

8 CFR 1240.10(a) lists what the immigration judge does when a removal hearing opens. The judge shall:

  1. advise the person of the right to representation "at no expense to the government, by counsel of his or her own choice authorized to practice in the proceedings" and "require the respondent to state then and there whether he or she desires representation";
  2. advise of "the availability of pro bono legal services for the immigration court location" and check the person has received the list of providers;
  3. check the person has "received a copy of appeal rights";
  4. advise that the person will have "a reasonable opportunity to examine and object to the evidence against him or her, to present evidence in his or her own behalf and to cross-examine witnesses presented by the government";
  5. place the person under oath;
  6. read the factual allegations and charges "and explain them in non-technical language"; and
  7. enter the NTA as an exhibit in the record.

Then comes pleading. 1240.10(c): "The immigration judge shall require the respondent to plead to the notice to appear by stating whether he or she admits or denies the factual allegations and his or her removability under the charges contained therein." If the respondent admits both and the judge is satisfied no issues remain, the judge "may determine that removability as charged has been established by the admissions of the respondent". The regulation protects people who cannot protect themselves: the judge "shall not accept an admission of removability from an unrepresented respondent who is incompetent or under the age of 18" unless accompanied by a lawyer, relative, guardian or friend.

Because the judge may treat an admission as establishing removability, what is admitted or denied at this stage matters. That sentence describes how the rule works; it is not advice about what to admit or deny. Hearings are open to the public unless the judge closes them (1240.10(b)). DHS can add or substitute charges in writing at any time. A person without a representative is advised that they may be represented and "may be given a reasonable continuance to respond" (1240.10(e)).

Who may represent a person in immigration court

The right to counsel in removal proceedings is "at no expense to the Government" (8 U.S.C. 1229a(b)(4)(A)), meaning the government does not pay for a lawyer. Who may represent is a closed list in 8 CFR 1292.1(a): attorneys who are registered with EOIR; supervised law students and graduates; reputable individuals appearing without payment who have a pre-existing relationship with the person; accredited representatives of DOJ-recognized organizations (fully accredited representatives may practise before the immigration courts and the Board); and accredited officials of the person's government. Paragraph (e): "Except as set forth in this section, no other person or persons shall represent others in any case."

A practitioner of record files Form EOIR-28 with the court (8 CFR 1003.17(a)). A practitioner who only helps a person with a specific document files Form EOIR-61 (1003.17(b)) and the person remains unrepresented.

That list is why notarios, immigration consultants and visa-service businesses cannot appear for a person in immigration court, whatever they say. Our pages on who can give immigration advice, DOJ-accredited representatives and low-cost or no-fee legal help explain the list and where non-profit options exist. The immigration judge must also check that the person has received the list of pro bono providers for that court location (1240.10(a)(2)).

Missing the hearing, and what comes after

The consequence of non-appearance is in 8 U.S.C. 1229a(b)(5)(A): a person who "after written notice required under paragraph (1) or (2) of section 1229(a) of this title has been provided to the alien or the alien's counsel of record, does not attend a proceeding under this section, shall be ordered removed in absentia if the Service establishes by clear, unequivocal, and convincing evidence that the written notice was so provided and that the alien is removable."

Such an order can be undone only by a motion to reopen with deadlines and grounds that the statute fixes. Our page on in absentia removal orders covers them, and our page on motions to reopen covers the filing rules.

If the hearing goes ahead and the judge decides the case, a decision may be appealed to the Board of Immigration Appeals on a short deadline. See our page on the BIA appeal.

Strict deadlines. Many deadlines in removal proceedings are fixed by statute or regulation, for example 8 CFR 1003.38(b) for appeals and 1003.23(b) for motions. An appeal deadline is counted from the judge's oral decision or from the mailing or electronic notification of a written decision (1003.38(b)(3)), not from the day a person reads it. A person weighing whether to get help is therefore weighing it against deadlines that may already be running. That is a statement about how the rules are built, not about any one case.

Finding a licensed attorney or accredited representative

Migratio's directory lists immigration attorneys and DOJ-accredited representatives. Listings are shown in a neutral order with factual filters (state, language, attorney or accredited representative). Migratio does not recommend, rank or match any lawyer, and it is not a lawyer referral service. Check any listing yourself against the state bar or the EOIR roster before you sign anything.

See attorneys and accredited representatives in the directory.

Notaries public, notarios and immigration consultants are not lawyers and cannot give immigration legal advice. Only a licensed attorney or a DOJ-accredited representative can.

Migratio is not a law firm and does not give legal advice. Only a licensed attorney or a DOJ-accredited representative can advise you.

Questions people ask

Does a Notice to Appear mean I will be deported?

No. An NTA is a charging document. Under 8 CFR 1239.1(a) it starts proceedings when it is filed with the immigration court; a judge then decides the case after a hearing. What the outcome is depends on the facts and the law that applies, which an attorney or accredited representative can assess.

How long do I have to respond to a Notice to Appear?

The statute sets a minimum, not a response period. The first hearing cannot be scheduled earlier than 10 days after service unless the person asks in writing (8 U.S.C. 1229(b)(1)). Separately, an address must be given to the court within five days if it is missing or wrong (8 CFR 1003.15(d)).

What if my Notice to Appear has no hearing date?

8 CFR 1003.18(b) says DHS puts the date and place on the NTA "where practicable" and the court otherwise schedules the hearing and sends notice. Check the court's Automated Case Information System or call the court, and keep your address updated. Whether a notice without a date is legally sufficient is a question for an attorney.

Can USCIS issue a Notice to Appear?

Yes. 8 CFR 239.1(a) lists officers who may issue an NTA, including service center directors, supervisory immigration services officers and supervisory asylum officers, as well as ICE and CBP officials.

Do I need a lawyer for a Notice to Appear?

The government does not appoint or pay for one: the right to counsel in removal proceedings is "at no expense to the Government". Only an attorney or a DOJ-accredited representative can represent a person in immigration court (8 CFR 1292.1). Deadlines are strict and an admission at the first hearing can shape the case, which is why people seek regulated help early.

What should I do if I moved after getting an NTA?

The rules require written notice of any change of address to the immigration court, within five days, on Form EOIR-33 (8 CFR 1003.15(d)(2)). The court sends notices to the last address on file, and a person who has not provided an address may get no written notice at all.

Sources

Last checked 2026-10-09.

Related guides

  • How to check your immigration court case status (EOIR ACIS, phone line and the court) — EOIR runs an Automated Case Information System that shows basic status for certain immigration court and Board of Immigration Appeals cases. You look up a case with the A-number and a nationality, online or by phone. EOIR says the documents the court or the Board send to you or your representative are the only official determinations.
  • Missed immigration court: in absentia removal orders, the 180-day motion and what the law says about notice — If a person does not attend a removal hearing after written notice, an immigration judge must order removal in absentia when DHS proves notice and removability by clear, unequivocal and convincing evidence. The order can be rescinded only by a motion to reopen: within 180 days for exceptional circumstances, or at any time for no notice or federal or state custody. There is no appeal to the BIA.
  • Motion to reopen in immigration court: the 90-day deadline, the $1,095 fee and the exceptions — A motion to reopen asks the immigration judge to reopen a decided case on the basis of new facts. Under 8 CFR 1003.23(b)(1) it must generally be filed within 90 days of the final administrative order, a party gets one, and the filing fee for a motion to the immigration court is $1,095 unless an exception or fee waiver applies.
  • BIA appeal 2026: the $1,060 fee, the deadline and the March 2026 summary-dismissal rule — An appeal of an immigration judge's decision goes to the Board of Immigration Appeals on Form EOIR-26, with a $1,060 fee or a fee waiver request, and under 8 CFR 1003.38(b) it must reach the Board within 10 calendar days (30 days only where the judge adjudicated an asylum application on the merits). Since 9 March 2026 the Board must dismiss most appeals unless a majority votes to accept them.
  • Deportation defense: who the law lets represent you in immigration court, and how to check — In removal proceedings the law gives a person the privilege of being represented "at no expense to the Government", and 8 CFR 1292.1 limits who may do it to a closed list: registered attorneys, fully accredited representatives of DOJ-recognized non-profits, supervised law students and graduates, and a few others. Notaries, notarios, consultants and document preparers are not on the list.
  • Who can legally give US immigration advice? — Attorneys in good standing and DOJ-accredited representatives of recognized non-profits can advise and represent you; a few narrow categories can appear unpaid. Notaries, notarios and immigration consultants cannot give immigration legal advice. Form preparers may only fill in blanks for a nominal fee.
  • What is a DOJ accredited representative? — An accredited representative is a non-attorney the Department of Justice has approved to represent people in immigration matters, working only through a DOJ-recognized non-profit. 'Full' accreditation covers USCIS, immigration court and the BIA; 'DHS only' covers USCIS and the rest of DHS.
  • Notario vs. immigration lawyer: what a notary can't do — In the United States a notary public (notario público) is not a lawyer and may not give immigration legal advice or represent you. Federal rules limit representation to attorneys, DOJ-accredited representatives and a few narrow categories.