Who can Issue Notice to Appear?

Notice to Appear (NTA) is a document issued by government agencies to aliens who may be placed in a removal proceeding before an immigration judge. The immigration judge will decide whether the noncitizen should be removed and who can remain in the United States. There are different agencies that can issue a NTA, as discussed below:

1. U.S. Immigration and Customs Enforcement (ICE): The ICE conducts investigations in immigration matters, and enforces immigration laws in removal proceedings. ICE can issue NTAs, and their trial attorneys represent the government in removal proceedings against aliens, sort like a prosecutor. The difference is that it is an immigration law case, not a criminal law case.

Notice to AppearThe three categories of ICE’s cases of the highest priorities are:

  • Aliens who pose a danger to national security of a risk to public safety;
  • Recent illegal entrants, and
  • Alients who are fugitives or otherwise obstruct immigration controls.

2. U.S. Citizenship and Immigration Services (USCIS): The USCIS can issue NTAs to aliens. For two types of cases, the USCIS will issue an NTA:

  • When it is required by statute or regulation, which includes termination of conditional residence status; denial of petition to remove the conditions of residence; denial of petition of entrepreneur to remove conditions; termination of refugee status by the district director; and several other cases.
  • Fraud cases, with a statement of findings substantiating fraud.

The USCIS may issue an NTA to aliens in these types of cases:

  • National security cases,
  • Cases involving fraud on the application for naturalization, and
  • Some other cases such as renewal of adjustment of status, denied N-400 application, or asylum seeking NTA issued to a non-dependant relative for family reunification.

3. U.S Customs and Border Protection (“CBP”): The CBP issues NTAs primarily at the borders to arriving aliens who are inadmissible, and do not make asylum claims.

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