Immigration hearings related to the removal of aliens from the United States use written notices and orders to inform aliens about the status of their hearings and to demand that the alien take certain actions. This article describes some of the more common notices and orders that an alien is likely to encounter in the course of removal proceedings.

Notice to Appear

The Notice to Appear (often abbreviated as NTA) is the document that tells an alien that the removal process has been started against him. The NTA, which must be delivered to the alien by mail or in person, explains the charges against the alien and lists the time and place when the first hearing will be held.

If the alien hires an immigration lawyer to represent him at the removal hearing, it is important that the lawyer review the NTA before the hearing. Because the NTA explains the allegations against the alien and the specific laws that have allegedly been broken, this will help the lawyer prepare for the alien's defense.

Order of Removal

If, after the removal proceedings, the immigration judge or the Department of Homeland Security decides that an alien is not entitled to remain in the United States, an Order of Removal will be issued. This document informs the alien that he or she is to be deported from the country.

After an order of removal is issued, the alien may not reenter the U.S. for a certain period of time, depending on the specifics of the alien's removal.

The removal order may be entered in absentia if the alien received the Notice to Appear, but failed to show up at the removal hearings, and if the government established that the alien was removable.

Notice to Appeal

After an Order of Removal has been issued, the alien and his or her attorney typically have 30 days in which to decide to appeal the decision. If they decide to appeal the decision, the alien or his attorney must file a Notice to Appeal with the agency that issued the decision. This notice informs the agency that the alien intends to appeal the case, and would like the decision to be reviewed by a higher authority.

Order of Voluntary Departure

If an alien is willing to leave the country without going through the entire removal process, then the alien can offer to voluntarily leave the United States. If this occurs, the government will issue an Order of Voluntary Departure.

The Order of Voluntary Departure is typically requested before or during the master calendar hearing, the first hearing in the case. If the alien makes the request at a later date, the government may not grant the order. When requesting an Order of Voluntary Departure, the alien must:

  • Admit that he is removable
  • Give up the right to appeal
  • Make no requests for relief, or withdraw any prior requests
  • Have no aggravated felony charges
  • Not be eligible for removal on grounds of terrorism or security

Questions for Your Attorney

If you receive a Notice to Appear and the government is attempting to deport you from the country, it makes sense to hire an experienced immigration attorney to help you navigate through the process, which can be complicated. Even if you're willing to leave voluntarily, your lawyer can help you understand the long-term effects of such a decision.

Among the questions to ask your attorney:

  • Have you previously represented aliens in removal proceedings?
  • What are my legal options?
  • What are the long-term effects if I'm deported or if I leave voluntarily?
  • How much do you charge for your services?