Receiving a Notice to Appear in immigration court is serious. What happens next matters.
A Notice to Appear means the government has initiated proceedings to have you removed from the United States. It does not mean that deportation is inevitable, but it does mean that having the right representation from the beginning can make a significant difference. Immigration court rules are strict. Hearings cannot be missed and deadlines must be followed. The government is represented by an attorney. You have the right to have an attorney represent you as well, though the government is not required to provide one.
What are removal proceedings?
Removal proceedings take place in immigration court before an immigration judge. The process typically begins with a master calendar hearing, where initial matters are addressed and future hearing dates are set. This is followed by an individual hearing, where the person in proceedings has the opportunity to present their case and apply for any relief they may be eligible for. The outcome of an individual hearing depends heavily on the evidence presented, the legal arguments made, and the preparation that went into the case.
Asylum and humanitarian protection
One of the most common forms of relief in removal proceedings is asylum. A person may be eligible for asylum if they have been persecuted, or have a well-founded fear of persecution, in their home country based on their race, religion, nationality, political opinion, or membership in a particular social group. Asylum cases require careful preparation, thorough documentation of the person’s experiences and circumstances, and a clear and honest presentation of the facts. Every asylum case is unique and the details matter.
Credible Fear Reviews
For individuals who are detained and express a fear of returning to their home country, the first step is often a credible fear interview with an asylum officer. If the interview does not go well, there is an opportunity to request a review of that determination. Cruz Torres Legal Services provides representation in credible fear review proceedings, helping clients understand the process and present their case for protection.
What to do if you receive a Notice to Appear
Contact an attorney as soon as possible. Do not ignore the notice or miss any hearings. Even if your situation feels complicated or past applications were denied, it is worth speaking with an attorney to understand what options may be available in your specific case. Cruz Torres Legal Services provides representation in removal proceedings and credible fear reviews, with a focus on humanitarian cases. Every client receives direct communication throughout the process, in English or Spanish.