Notices to Appear

Legal Challenges and Strategies


February 27, 2019

This Practice Advisory provides legal and procedural arguments and strategies for attorneys representing noncitizens. It provides an overview of the legal requirements for a Notice to Appear (NTA) and strategies available to attorneys to cancel, mitigate, or challenge the contents of an NTA. In addition to presenting legal and procedural arguments, the Advisory provides strategies to attorneys wishing to seek prosecutorial discretion in connection with the NTA. The Advisory was originally drafted in 2014 with the ABA Commission on Immigration and Penn State Law’s Center for Immigrants’ Rights. It was updated in 2019 by the American Immigration Council.

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