I-862: Department of Homeland Security Notice to Appear

The form has File No:, In the Matter of:, Respondent:, currently residing at: (Number, street, city, state and ZIP code) and (Area code and phone number).

The form has three lines, each with a check box: You are an arriving alien. You are an alien present in the United States who has not been admitted or paroled. You have been admitted to the United States, but are removable for the reasons stated below.

The form has the line: The Department of Homeland Security alleges that you:

The form has the line: On the basis of the foregoing, it is charged that you are subject to removal from the United States pursuant to the following provision(s) of law:

The form has a check box for: This notice is being issued after an asylum officer has found that the respondent has demonstrated a credible fear of persecution or torture.

The form has check boxes for: Section 235(b)(1) order was vacated pursuant to: 8CFR 208.30 8CFR 235.3(b)(5)(iv)

YOU ARE ORDERED to appear before an immigration judge of the United States Department of Justice at: (Complete Address of Immigration Court, including Room Number, if any), on (Date) at (Time) to show why you should not be removed from the United States based on the charge(s) set forth above.

The form has the lines (Signature and Title of Issuing Officer), Date: and (City and State).

Notice to Respondent. Warning: Any statement you make may be used against you in removal proceedings.

Alien Registration: This copy of the Notice to Appear served upon you is evidence of your alien registration while you are in removal proceedings.

You are required to carry it with you at all times.

Representation: If you so choose, you may be represented in this proceeding, at no expense to the Government, by an attorney or other individual authorized and qualified to represent persons before the Executive Office for Immigration Review, pursuant to 8 CFR 1003.16.

Unless you so request, no hearing will be scheduled earlier than ten days from the date of this notice, to allow you sufficient time to secure counsel.

A list of qualified attorneys and organizations who may be available to represent you at no cost will be provided with this notice.

Conduct of the hearing: At the time of your hearing, you should bring with you any affidavits or other documents that you desire to have considered in connection with your case.

If you wish to have the testimony of any witnesses considered, you should arrange to have such witnesses present at the hearing.

At your hearing you will be given the opportunity to admit or deny any or all of the allegations in the Notice to Appear, including that you are inadmissible or removable.

You will have an opportunity to present evidence on your own behalf, to examine any evidence presented by the Government, to object, on proper legal grounds, to the receipt of evidence and to cross examine any witnesses presented by the Government.

At the conclusion of your hearing, you have a right to appeal an adverse decision by the immigration judge.

You will be advised by the immigration judge before whom you appear of any relief from removal for which you may appear eligible including the privilege of voluntary departure.

You will be given a reasonable opportunity to make any such application to the immigration judge.

One-Year Asylum Application Deadline: If you believe you may be eligible for asylum, you must file a Form I-589, Application for Asylum and for Withholding of Removal.

The Form I-589, Instructions, and information on where to file the Form can be found at www.uscis.gov/i-589.

Failure to file the Form I-589 within one year of arrival may bar you from eligibility to apply for asylum pursuant to section 208(a)(2)(B) of the Immigration and Nationality Act.

Failure to appear: You are required to provide the Department of Homeland Security (DHS), in writing, with your full mailing address and telephone number. You must notify the Immigration Court and the DHS immediately by using Form EOIR-33 whenever you change your address or telephone number during the course of this proceeding. You will be provided with a copy of this form. Notices of hearing will be mailed to this address. If you do not submit Form EOIR-33 and do not otherwise provide an address at which you may be reached during proceedings, then the Government shall not be required to provide you with written notice of your hearing.

If you fail to attend the hearing at the time and place designated on this notice, or any date and time later directed by the Immigration Court, a removal order may be made by the immigration judge in your absence, and you may be arrested and detained by the DHS.

Mandatory Duty to Surrender for Removal: If you become subject to a final order of removal, you must surrender for removal to your local DHS office, listed on the internet at http://www.ice.gov/contact/ero, as directed by the DHS and required by statute and regulation.

Immigration regulations at 8 CFR 1241.1 define when the removal order becomes administratively final.

If you are granted voluntary departure and fail to depart the United States as required, fail to post a bond in connection with voluntary departure, or fail to comply with any other condition or term in connection with voluntary departure, you must surrender for removal on the next business day thereafter.

If you do not surrender for removal as required, you will be ineligible for all forms of discretionary relief for as long as you remain in the United States and for ten years after your departure or removal.

This means you will be ineligible for asylum, cancellation of removal, voluntary departure, adjustment of status, change of nonimmigrant status, registry, and related waivers for this period.

If you do not surrender for removal as required, you may also be criminally prosecuted under section 243 of the Immigration and Nationality Act.

U.S. Citizenship Claims: If you believe you are a United States citizen, please advise the DHS by calling the ICE Law Enforcement Support Center toll free at (855) 448-6903.

Sensitive locations: To the extent that an enforcement action leading to a removal proceeding was taken against Respondent at a location described in 8 U.S.C. § 1229(e)(1), such action complied with 8 U.S.C. § 1367.

To expedite a determination in my case, I request this Notice to Appear be filed with the Executive Office for Immigration Review as soon as possible.

I waive my right to a 10-day period prior to appearing before an immigration judge and request my hearing be scheduled.

The Request for Prompt Hearing has the lines Before:, (Signature of Respondent), Date: and (Signature and Title of Immigration Officer).

Certificate of Service: This Notice To Appear was served on the respondent by me on ____, in the following manner and in compliance with section 239(a)(1) of the Act.

The form has these lines: in person; by certified mail, returned receipt # requested; by regular mail; Attached is a credible fear worksheet.

Attached is a list of organization and attorneys which provide free legal services.

The alien was provided oral notice in the language of the time and place of his or her hearing and of the consequences of failure to appear as provided in section 240(b)(7) of the Act.

Certificate of Service: (Signature of Respondent if Personally Served) (Signature and Title of officer)

Purpose: You are being asked to sign and date this Notice to Appear (NTA) as an acknowledgement of personal receipt of this notice.

If you choose to sign and date the NTA, that information will be used to confirm that you received it, and for recordkeeping.

Disclosure: Providing your signature and the date of your signature is voluntary.

There are no effects on you for not providing your signature and date; however, removal proceedings may continue notwithstanding the failure or refusal to provide this information.

The form is the Department of Homeland Security Notice to Appear, in removal proceedings under section 240 of the Immigration and Nationality Act. This notice, when filed with the U.S. Department of Justice's (DOJ) Executive Office for Immigration Review (EOIR), initiates removal proceedings.