Deportation & Removal Defense: Your Rights and Options

What Is a Notice to Appear (NTA)?

A Notice to Appear (NTA) is a formal charging document issued by the Department of Homeland Security (DHS) that initiates removal (deportation) proceedings against a noncitizen. The NTA lists the factual allegations against you and the legal charges — the specific provisions of immigration law that DHS claims you have violated. Receiving an NTA means you are being ordered to appear before an immigration judge at an immigration court.

It is critical to understand that an NTA is not a deportation order. It is the beginning of a legal process in which you have the right to present your case before an immigration judge. Many people who receive NTAs are ultimately allowed to remain in the United States through various forms of relief.

Your Rights in Immigration Court

You have the right to be represented by an attorney in immigration court, though unlike in criminal proceedings, the government is not required to provide you with a free attorney if you cannot afford one. You have the right to examine the evidence against you, to cross-examine government witnesses, and to present your own evidence and witnesses. You have the right to appeal an immigration judge's decision to the Board of Immigration Appeals (BIA) and, in some cases, to the federal circuit courts.

You also have the right to request a continuance (postponement) of your hearing to allow time to find an attorney or gather evidence. Immigration judges generally grant reasonable continuance requests, especially when you are actively seeking legal representation.

Common Defenses Against Removal

Cancellation of Removal is available to lawful permanent residents who have been a permanent resident for at least five years, have continuously resided in the U.S. for at least seven years, and have not been convicted of an aggravated felony. It is also available to certain nonpermanent residents who have been continuously present in the U.S. for ten years and can demonstrate exceptional hardship to a qualifying U.S. citizen or permanent resident family member.

Asylum is available to individuals who have been persecuted or have a well-founded fear of persecution in their home country on account of race, religion, nationality, membership in a particular social group, or political opinion. Asylum applications filed in immigration court are called "defensive asylum" claims.

Withholding of Removal is similar to asylum but has a higher standard of proof. It prevents removal to a specific country but does not provide the same benefits as asylum, such as the ability to apply for a green card.

Convention Against Torture (CAT) Protection is available to individuals who can demonstrate that they would more likely than not be tortured if returned to their home country, regardless of the reason for the torture.

Finding an Immigration Attorney

If you are facing removal proceedings, finding a qualified immigration attorney is your most important immediate priority. The American Immigration Lawyers Association (AILA) maintains a directory of immigration attorneys at ailalawyer.com. Many legal aid organizations provide free or low-cost immigration legal services to qualifying individuals — search for "immigration legal aid" in your city or state.

Be cautious of "notarios" or immigration consultants who are not licensed attorneys. These individuals are not authorized to provide legal advice or represent you in court, and many have defrauded vulnerable immigrants out of thousands of dollars while providing no legitimate legal services.