New Practice Advisory: Challenging a Defective Notice to Appear (NTA) in Children’s Removal Proceedings

The CILA team is excited to share a new practice advisory on “Challenging a Defective Notice to Appear (NTA) in Children’s Removal Proceedings.” This resource is meant to help practitioners working with children and youth in immigration proceedings with understanding the potential impact of a “defective,” or putative, Notice to Appear (NTA) in removal proceedings. It looks primarily at defects that occur because the NTA fails to include all of the information required by law, such as the time and place of the hearing.

The resource includes a summary of key cases and guidance on the types of motions to file and arguments to raise when seeking to terminate or reopen a case based on a defective NTA. The Appendices further include a sample defective NTA and a chart summarizing the current split of authority in the federal courts of appeal related to when a respondent can seek to reopen and rescind an in absentia removal order.

CILA hopes this resource will help practitioners working with youth. CILA is also grateful for the National Immigration Litigation Alliance’s assistance in providing feedback on the resource.

The practice advisory is available here. You will need a free CILA account to access it. Sign up for an account here. Contact CILA at cila@abacila.org if you need additional assistance accessing this resource.