When you entered the United States, an immigration officer checked your passport and allowed you in. But now, you received a Notice to Appear claiming you entered without permission. Now you worry that the judge will rely on wrong information. What happens if the notice gets that important fact wrong?
You have the right to challenge incorrect claims in immigration court. If the government relies on that information to seek your deportation, records of your entry may help you dispute the charge. However, a mistake in the notice does not automatically end your case.
Check the claims in your notice
Your Notice to Appear lists allegations, or claims the government makes about your immigration history. It also lists charges, which explain why the government believes it has grounds to deport you.
The government uses these claims to support its charges. For example, if officials rely on how you entered the country, an incorrect account of your entry could affect their case. This is why it matters to identify which facts in the notice are wrong.
Tell the judge what is wrong
At your hearing, the judge asks whether you agree with the facts and charges in the notice. If something is wrong, you must bring the error to the judge’s attention. You have the right to deny an incorrect claim.
You also have the right to present evidence, such as an entry record showing how you arrived. The judge may review that record alongside other evidence before deciding whether the charge has legal support. Showing an error does not guarantee that you will avoid removal, and the government could change its charges during the case.
Keep your records and court notices
You may want to gather records that support your account and write down the details you dispute. As you prepare your defense, it also helps to check court notices so you do not miss a hearing. Pointing out a mistake is only part of the process. What matters is whether you can support your account when the judge reviews your case.