Pre-IIRIRA exclusion cases not subject to Niz-Chavez

Admission Detained for NTA. The BIA held that Pereira v. Sessions and Niz-Chavez v. Garland are inapplicable to proceedings initiated by Form I-122, Admission Detained for NTA for Hearing Before Immigration Judge. The applicants detained for the NTA process must appear before the Judge. This also applies to other charging documents issued prior to the effective date of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA). This matter was last before the Board on September 13, 2004. At that time, we dismissed the applicant’s appeal from the Immigration Judge’s decision ordering him removed. On October 7, 2021, the applicant filed a motion to reopen. The Department of Homeland Security has opposed the motion. The
motion will be denied.

Admission: Detained for NTA — what happens when you’re detained at a port of entry and served a Notice to Appear

Being detained at a port of entry and served a Notice to Appear (NTA) is a serious event: it starts removal proceedings and can lead to detention, a fast-tracked hearing schedule, and urgent deadlines. Therefore, act quickly and methodically — preserve documents, assert your rights, and contact counsel immediately to protect relief options and to seek release when appropriate.

What “detained for NTA” means

An NTA starts formal removal proceedings before the immigration court (EOIR). When issued at a port of entry, the government may detain the individual while processing removal or alternative relief.
Detention can be short (until a bond hearing or removal) or prolonged depending on case complexity, criminal history, or identity/flight-risk concerns.
Admission issues (inadmissibility grounds) often drive NTAs at ports of entry — common grounds include fraud/misrepresentation, lack of proper entry documents, or public-health grounds.

Immediate steps (do these now)

Ask for an attorney and stay silent — do not make statements without counsel; limited factual notes to your lawyer are fine.
Preserve identity and travel documents (passport, I-94, visas, receipts, boarding passes) and give copies to your attorney or a trusted contact.
Write down what happened while details are fresh: names, dates, officers’ badge numbers, questions asked, and any documents provided or seized.
Request a bond hearing quickly if detained and eligible; counsel can move for custody review or parole where facts support release.
Identify potential relief: asylum, withholding/CAT, waivers, adjustment, or motions to reopen/reconsider depending on the facts.

Common legal issues at ports of entry

Inadmissibility (INA §212) vs. removability (INA §237): inspection at the border often raises admissibility issues rather than removability — different legal tests and remedies apply.
Fraud or misrepresentation allegations trigger high stakes: waivers may exist but have strict requirements.
Criminal history or prior removals can make release or relief harder and trigger reinstatement or mandatory-detention rules.

Tactical checklist for counsel

Obtain the full A-file and any CBP/ICE records; file FOIA requests if records are missing.
Move for bond/custody review or parole if detention is prolonged and legal circumstances permit.
Evaluate immediate relief (credible-fear screening, asylum) and prepare a prioritized evidence packet if proceedings continue.
Preserve appellate and administrative remedies — file timely motions and appeals when required.

How we help

We provide urgent detained intakes, file bond/parole motions, obtain A-file and CBP records, prepare credible-fear or asylum materials, and represent clients at removal hearings. If you or a client was detained at a port of entry and served an NTA, contact us now for an emergency intake so we can preserve rights and pursue release or relief.

Disclaimer: General information only; not legal advice. Consult an immigration attorney for case-specific strategy.