News & Insights

1. What Are the Referral Notice and the NTA?

• Referral Notice: Issued by the Asylum Office when an asylum application is not granted. Explains why the Asylum Office could not approve the application and refers the case to the Immigration Court for further proceedings.
• Notice to Appear (NTA): A legal document issued by the Department of Homeland Security (DHS) initiating removal proceedings. Outlines the charges against the applicant and provides the alleged grounds for removability or inadmissibility under the Immigration and Nationality Act (INA).

2. Why Might There Be Differences Between the Two Documents?

• Different Objectives:
  • Referral Notice: Focuses on the reasons the Asylum Office did not grant asylum (e.g., lack of credibility, failure to meet eligibility criteria, insufficient evidence).
  • Notice to Appear (NTA): Outlines why DHS believes the applicant is removable from the U.S. under immigration laws.
• Separate Agencies:
  • The Asylum Office and DHS may use different frameworks or criteria when preparing these documents.
  • The Asylum Office evaluates an applicant's eligibility for asylum, while DHS focuses on removability and compliance with immigration laws.
• Evolving Case Information:
  • New information may surface after the referral, leading DHS to include different or additional grounds in the NTA.
• Clerical or Procedural Errors:
  • Occasionally, discrepancies arise from clerical mistakes or misinterpretations during case preparation.

3. How Should You Respond to Discrepancies?

If you notice differences between the Referral Notice and the NTA, it is essential to approach the matter carefully:

• Understand Both Documents:
  • Read the Referral Notice and NTA thoroughly.
  • Identify the specific discrepancies and how they might affect your case.
• Consult Legal Counsel:
  • Work with an immigration attorney to assess the impact of the discrepancies on your case.
  • An experienced attorney can argue inconsistencies in your favor if they undermine the government's case.
• Prepare Evidence and Arguments:
  • Be ready to address both the reasons stated in the Referral Notice and any charges or grounds listed in the NTA.
• Raise the Issue in Court:
  • During the Master Calendar Hearing, your attorney can bring discrepancies to the immigration judge’s attention.
  • This is especially important if the discrepancies indicate procedural errors or affect the fairness of the proceedings.

4. Impact on Your Case

• Referral Notice:
  • The reasons cited here help you understand the weaknesses in your asylum application and prepare for court proceedings.
• Notice to Appear (NTA):
  • The grounds listed in the NTA determine the legal framework for your case in removal proceedings. You will need to respond to these charges while continuing to pursue your asylum claim or other forms of relief.