Tampa, FL Notice to Appear Attorney

Challenges to the Notice to Appear

Numerous challenges can be made to contest a Notice to Appear by our skilled immigration lawyer. After the commencement of removal proceedings, any party may move to dismiss the Notice to Appear. 

These challenges can include:

• Lack of Proper Service: If the NTA was not properly served to the individual per the applicable regulations and procedures, a challenge could be made for improper service. This could include failure to notify of the hearing or to deliver the NTA to the correct address.
• Lack of Jurisdiction: A challenge can be made if a lack of jurisdiction by the immigration court exists or if the NTA fails to establish that the individual falls within the court's jurisdiction. For example, this could include that the NTA does not allege any valid grounds for removability or that the individual is not subject to removal under specific immigration laws.
• Constitutional Violations: Challenges can be made based on constitutional violations, such as due process violations, violations of the Fourth Amendment protection against unreasonable searches and seizures, or violations of the Fifth Amendment protection against self-incrimination.
• Legal Deficiencies in the NTA: A challenge can be made if the NTA fails to meet the statutory requirements or contains legal deficiencies. This could include insufficient or vague allegations, failure to include necessary information or improper drafting of the charges of removability.
• Agency Error or Misconduct: Challenges can be made if agency error or misconduct occurs in the issuance of the NTA. This may include situations where the NTA was issued based on incorrect or misleading information or if there was an abuse of discretion by the immigration authorities.
• Motion to Suppress: If evidence was obtained through illegal or unconstitutional means, a motion to suppress could be filed to exclude such evidence from the removal proceedings. This can challenge the NTA if the case relies heavily on the suppressed evidence.

Dismissal of the Notice to Appear with prejudice would mean that the Service could not bring new charges. Terminating proceedings without prejudice would allow the Notice to be refiled.

Call us to discuss your deportation case and potential challenges to your Notice to Appear. Reach us at (813) 499-1250 or via our contact form.