Stakeholders report that the process of requesting NTA issuance is sometimes unclear and inconsistent across field offices, often resulting in denial of a request for an individual to be placed in removal proceedings. Legal sufficiency review and training would promote among U.S. Citizenship and Immigration Services (USCIS) officers a better understanding of the relationship between charges and allegations; the evidence required to substantiate specific charges; case analysis in light of the Department’s stated enforcement priorities; and how to evaluate whether an individual who appears to be removable or who has already been ordered removed may also be eligible for affirmative relief before USCIS.
- Provide additional guidance for NTA issuance with input from ICE and EOIR;
- Require USCIS attorneys to review NTAs prior to their issuance and provide comprehensive legal training; and,
- Create a working group with representation from ICE and EOIR to improve tracking, information-sharing, and coordination of NTA issuance.
USCIS Response issued on September 30, 2014.
|USCIS Response to Ombudsman NTA Recommendation||1.81 MB|
|Ombudsman Recommendations to Improve the Quality and Consistency in Notices to Appear||888.97 KB|
Last Published Date: June 3, 2019