what to do if you receive a notice to appear immigration court
A Notice to Appear (Form I-862) is DHS's charging document placing you in removal proceedings before an immigration judge. Within days of receiving one, confirm your hearing date and court location through EOIR, file Form EOIR-33 if you move, and consult a removal defense attorney before your first Master Calendar Hearing.
Last updated: March 2025. Reviewed by Attorney Daniel Osei, who has represented clients in removal proceedings before the Charlotte and Atlanta Immigration Courts for more than fourteen years, including in absentia motions to reopen and cancellation of removal cases for long-term residents with prior North Carolina convictions.
What Is a Notice to Appear?
A Notice to Appear, Form I-862, is the document DHS files with the immigration court to start removal proceedings under INA § 239 (8 U.S.C. § 1229). It lists the factual allegations against you, the charge of removability, and — ideally — the date, time, and location of your first hearing. In Pereira v. Sessions, 585 U.S. 198 (2018), the Supreme Court held that an NTA missing a hearing date does not trigger the 'stop-time rule' that cuts off eligibility for cancellation of removal, a ruling that changed how courts treat incomplete notices.
What Should I Do Immediately After Receiving an NTA?
Read the document for your Alien Registration Number, the charges listed, and any hearing date. Check the EOIR automated case status line or online portal using your A-number to confirm the court location and docket. File Form EOIR-28, the Notice of Entry of Appearance as Attorney, as soon as you retain counsel, so the court and DHS send filings to your lawyer, not just to you. If a hearing date is already set, get a consultation scheduled the same week you receive the NTA — deadlines for filing relief, including an asylum application on Form I-589, often run from that first appearance.
What If My NTA Has No Hearing Date?
Many NTAs are issued with 'TBD' where the date should go. The BIA's decision in Matter of Bermudez-Cota, 27 I&N Dec. 441 (BIA 2018), held that a later-issued hearing notice with the actual date cures the missing-date defect, so a blank date does not mean your case disappears. Keep checking your mail and the EOIR case status line; an undated NTA does not pause your obligation to keep your address current with the court.
Do I Have to Attend My First Hearing?
Yes. The first hearing is a Master Calendar Hearing — a short administrative appearance where the judge confirms your identity, reviews the charges, and sets deadlines for filing relief applications. You do not present evidence at this hearing, but you must show up, in person or by video, or have your attorney appear if the court permits attorney-only appearances on that docket.
What Happens If I Miss My Hearing?
Missing a hearing without a reasonable excuse results in an in absentia removal order under INA § 240(b)(5). A TRAC Immigration analysis of EOIR data, published in 2019, found immigration judges issued in absentia orders in roughly one out of four completed cases that year nationally, with the rate far higher among people without an attorney. An in absentia order can be reopened through a motion to reopen filed within 180 days if you can show 'exceptional circumstances' — serious illness, a death in the family, non-receipt of notice — or at any time if you never actually received proper notice of the hearing.
How Do I Change My Address With the Court?
File Form EOIR-33 with the immigration court within five days of any move, and separately notify DHS of the new address. Failing to update your address is one of the most common reasons people miss hearings and get ordered removed in absentia; the court has no obligation to track you down.
Detained vs. Non-Detained: Why Timelines Differ
Per EOIR's FY2024 Adjudication Statistics, published by the Department of Justice in October 2024, the national pending caseload exceeded 3.7 million matters. Detained cases move on an expedited docket because the government has an interest in resolving custody status quickly; non-detained cases can sit for years waiting for a merits hearing. The table below breaks down the practical differences.
Frequently Asked Questions
Do I need a lawyer for a Master Calendar Hearing? You're not required to have one, but the deadlines set at that hearing — for asylum, cancellation of removal, or other relief — are strict, and missing them can close off relief permanently.
What does it cost to hire a removal defense attorney? Fees vary with case complexity, detention status, and the relief being pursued. Get a written fee agreement before paying anything, and verify credentials before trusting anyone who calls themselves a 'notario' — only licensed attorneys can represent you in immigration court.
How long does a removal case take? A detained case can resolve in weeks to a few months. A non-detained case commonly takes two to five years from NTA to final merits hearing given current EOIR caseloads.
Can I get a work permit while my case is pending? In many non-detained cases, yes, once an application such as asylum has been pending 150 days, though eligibility depends on the relief sought and any delays you caused.
What if I was never served the NTA in person, only by mail? Service rules differ depending on detention status. An attorney can review whether service was defective, which affects both jurisdiction and any later in absentia motion.
Can I reopen my case if I already have an in absentia removal order? Yes, through a motion to reopen, generally within 180 days for exceptional circumstances or without a deadline if notice was defective. The standard is fact-specific, and waiting makes gathering supporting evidence harder.
The relief available at your Master Calendar Hearing depends on your immigration history, not just the charges listed on the NTA. Someone with ten years of continuous physical presence, a US citizen or lawful permanent resident spouse or child, and no serious criminal record may qualify for cancellation of removal. Someone fearing harm in their home country should raise asylum, withholding of removal, or protection under the Convention Against Torture before the judge sets filing deadlines, since those applications carry their own one-year filing rule and evidentiary requirements. If you already have an in absentia order, the removal defense attorney handling your motion to reopen will need the original NTA, any mailing records, and documentation of whatever prevented you from attending — hold onto the notice itself and the envelope it arrived in.
Bring your Notice to Appear, any later hearing notice, and your A-number to a consultation before your first Master Calendar Hearing, not after. Our removal defense team can review whether your NTA was properly served, file the EOIR-28 to appear on your behalf, and identify which relief applications need to go in before the judge's deadlines close.