Tampa, FL Notice to Appear Attorney

A Notice to Appear (NTA) is the charging document used to inform someone of deportation, officially known as removal proceedings. Removal proceedings commence after the Notice to Appear is deposited with the immigration court. 

The immigration court must have jurisdiction over the immigrant, called the “Respondent.” Usually, jurisdiction means that the immigrant resides within the court’s geographical jurisdiction. Zip codes limit immigration courts’ jurisdiction.

Receiving an NTA does not automatically mean you will be removed from the United States. You have the right to present your case before an immigration judge and seek available forms of relief, such as asylum, cancellation of removal, or adjustment of status.

If you receive an NTA, it is crucial to consult with an immigration lawyer who can guide you through the legal process, explain your options, and help you build a strong defense against the charges of removability. At American Dream^® Law Office, you can work with our Tampa Notice to Appear attorney, who has been through the immigration process himself and who has represented numerous immigrants as a deportation defense lawyer in court hearings. 

Book a confidential consultation with our Tampa Notice to Appear lawyer at (813) 499-1250 to discuss your options. 

Who Conducts Immigration Court Hearings?

Immigration judges conduct these hearings. The Chief Immigration Judge and Associate Chief Immigration Judges oversee immigration judges. They are authorized by law to conduct hearings, grant or deny bonds, accept or reject evidence, and conduct individual hearings (trials). At the end of the trial, immigration judges enter oral or written decisions granting or denying relief.

What Is Included in the Notice to Appear?

8 USC 1229(a) lists the requirements of a properly filed Notice to Appear, which include:

• The nature of the proceedings
• The legal authority under which the proceedings are conducted
• The acts alleged to violate the law
• The charges and legal authority alleged to have been violated
• The fact that counsel might represent the immigrant at no expense to the government
• The requirement for the immigrant to update his contact information, and
• The time and place of the removal proceedings

The United States Supreme Court ruled that a Notice to Appear that did not include the time and place of the initial hearing would be ineffective for stop-time purposes. 

Challenges to the Notice to Appear

Numerous challenges can be made to contest a Notice to Appear by our skilled immigration lawyer. After the commencement of removal proceedings, any party may move to dismiss the Notice to Appear. 

These challenges can include:

• Lack of Proper Service: If the NTA was not properly served to the individual per the applicable regulations and procedures, a challenge could be made for improper service. This could include failure to notify of the hearing or to deliver the NTA to the correct address.
• Lack of Jurisdiction: A challenge can be made if a lack of jurisdiction by the immigration court exists or if the NTA fails to establish that the individual falls within the court's jurisdiction. For example, this could include that the NTA does not allege any valid grounds for removability or that the individual is not subject to removal under specific immigration laws.
• Constitutional Violations: Challenges can be made based on constitutional violations, such as due process violations, violations of the Fourth Amendment protection against unreasonable searches and seizures, or violations of the Fifth Amendment protection against self-incrimination.
• Legal Deficiencies in the NTA: A challenge can be made if the NTA fails to meet the statutory requirements or contains legal deficiencies. This could include insufficient or vague allegations, failure to include necessary information or improper drafting of the charges of removability.
• Agency Error or Misconduct: Challenges can be made if agency error or misconduct occurs in the issuance of the NTA. This may include situations where the NTA was issued based on incorrect or misleading information or if there was an abuse of discretion by the immigration authorities.
• Motion to Suppress: If evidence was obtained through illegal or unconstitutional means, a motion to suppress could be filed to exclude such evidence from the removal proceedings. This can challenge the NTA if the case relies heavily on the suppressed evidence.

Dismissal of the Notice to Appear with prejudice would mean that the Service could not bring new charges. Terminating proceedings without prejudice would allow the Notice to be refiled.

Contact us today to discuss your deportation case and potential challenges to your Notice to Appear. Reach ADLO™ at (813) 499-1250 or via our contact form.