A Notice to Appear is not a warning. Receiving one means DHS is seeking to place you in removal proceedings, and once it is filed with immigration court, the case begins. For Florida residents and their families, knowing what the NTA requires is the first and most critical step. Borell Law has handled immigration matters across Florida for more than 36 years. The consistent advice: do not wait for the first court date to get representation in place.
The NTA Form I-862 is issued by DHS, through ICE, USCIS, or Customs and Border Protection. It names the recipient as the "respondent," sets out factual allegations about that person's immigration history or conduct, and identifies the specific grounds for removability under the Immigration and Nationality Act. Importantly, the immigration court's jurisdiction does not begin when the NTA is served on the respondent it begins when DHS files the NTA with the court. Once filed, the respondent is on the docket and the case is active.
The first proceeding in a removal case is the Master Calendar Hearing a brief administrative hearing where the judge confirms service of the NTA, asks the respondent to admit or deny the allegations, and identifies the charges. Respondents who appear without an attorney are advised of their right to retain counsel at their own expense. The merits of the case are decided at a later Individual Calendar Hearing. The gap between the two hearings is when preparation happens and it is the most consequential window in the case.
A respondent who fails to appear after receiving proper notice may be issued an in absentia removal order -- ordered removed in their absence. Motions to reopen in absentia orders exist under limited circumstances, but the standard is demanding and the process consumes time the respondent no longer has on their side. The window between receiving the NTA and the first hearing is the most valuable time available. Losing it to inaction is among the most common and most avoidable mistakes in removal cases.
Not every removal case ends in deportation. Available defenses depend on the respondent's circumstances and the nature of the charges. Cancellation of removal for non-lawful permanent residents requires 10 years of continuous physical presence, good moral character throughout that period, and a showing that removal would result in exceptional and extremely unusual hardship to a qualifying U.S. citizen or permanent resident family member. Asylum and related protections including withholding of removal and protection under the Convention Against Torture may apply for those facing persecution or serious harm abroad. Adjustment of status and voluntary departure are additional options available to eligible respondents depending on their specific situation.
Locate the court date. Secure representation before it arrives. The time between the NTA and the master calendar hearing is when the allegations can be reviewed, applicable defenses identified, and the best path forward determined. Florida immigration courts include Miami, Orlando, and other EOIR court locations. Borell Law has guided clients through removal proceedings across Florida for more than 36 years. That experience is available from the moment an NTA arrives and in this area, there is no benefit to waiting.
This is general information, not legal advice. Every case is unique; consult your Florida attorney first.
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