# Did your Notice to Appear (NTA) have a date, time, and place? Here’s why it matters…

- Link: https://www.lumlawgroup.com/nta-time-and-place/
- Published: 2018-09-21T10:00:42-07:00
- Author: Albert J Lum

Since the [Pereira v. Sessions](http://www.supremecourt.gov/opinions/17pdf/17-459_1o13.pdf)
decision in June 2018, immigration attorneys have been flooding the courts with 
variations of motions to reopen and terminate, with the most important being the
[Cancellation of Removal](https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-6349.html).
In this post, we’ll review the importance of this decision and how it may affect
you.

### What is a “Notice to Appear” (NTA)?

A notice of appear is a charging document the government sends or hands to you to
inform you that you have been determined “removable” (a.k.a “deportable”).  An NTA
will include the following:

 * biographical information
 * nature of proceedings
 * factual allegations
 * charge(s) of removability
 * date and place of proceedings (immigration court hearing)

### Why is the _Pereira v. Sessions_ decision significant?

The most significant takeaway from the Pereira v. Sessions decision is the Supreme
Court’s decision that the NTA for Pereira was invalid because it failed to include
an exact time and place for proceedings.

In the past, many NTAs were issued by other agencies (not the Department of Justice)
so they would put “To be decided”, “TBD”, “To be set”, etc. on the NTA and let the
immigration court send out a followup “Notice of Hearing” with an exact date, time,
and location.  The Supreme Court ruled that a literal interpretation of the law 
means an NTA _without_ a date, time, and location for proceedings is  invalid. An
invalid NTA means that the immigration court has no jurisdiction, or power, over
the alien.

In Pereira’s case, the decision means that his NTA was invalid so the immigration
court did not have jurisdiction over his case. Since the department of justice (
DOJ) did not have jurisdiction over Pereira, he was not technically in removal proceedings.
Or at the very least, he should not have been in removal proceedings.

Pereira had been in the US approximately six years before receiving his NTA, which
put a stop to his “time in the US” as time in removal proceedings does not count.
After his NTA was ruled invalid, Pereira had accrued enough time (ten years) to 
qualify for Cancellation of Removal.

### What if my NTA didn’t have a time and place but I haven’t been here long enough?

It’s important for anyone with a similar NTA to be aware of the possible consequences.
Just because the government served you an invalid NTA at some point, doesn’t mean
you will suddenly be able to “get your papers” or live under the radar.  In fact,
most likely they will serve you a new NTA with the date, time and location of your
next hearing. If that happens, you will still be in removal proceedings.

As we discussed above, in Pereira’s case, he had prepared to ask for relief in the
form of Cancellation of Removal.  If you are married to a U.S. citizen, or have 
a qualifying US citizen family member to petition for you, then you may be able 
to request relief in the form of allowing you to adjust your status.

A qualified immigration lawyer could analyze your situation and give you a clear
idea of what your options may be.  [Contact one of the qualified immigration attorneys at Lum Law Group today](https://lumlawgroup.com/Staging/contact-us/)
for a free phone consultation!