Who files the Notice to Appear in an immigration case?

In an immigration case, it is the Department of Homeland Security that files the Notice to Appear (NTA). The NTA is a crucial document that initiates removal proceedings against an individual believed to be unlawfully present in the United States. It outlines the charges against the individual and the legal basis for their removal.

The responsibility of filing the NTA falls under the purview of the Department of Homeland Security, specifically within its Immigration and Customs Enforcement (ICE) division or U.S. Citizenship and Immigration Services (USCIS) in particular situations. This is an essential function as it formally brings the case before the immigration court system.

The individual facing removal is not responsible for filing the NTA since they are the subject of the proceedings. Additionally, while an attorney may represent the respondent, their role is to provide legal counsel and advocacy, not to initiate the case by filing an NTA. The Immigration Judge oversees the case but does not file the NTA; rather, the judge's role begins once the Department of Homeland Security has filed the document and initiated the proceedings.