Receiving a Notice to Appear or learning that you are facing deportation can be one of the most stressful experiences for you and your family. You may be worried about losing your home, your job, your ability to remain with your spouse or children, or your future in the United States.
If you are facing deportation, you may have legal options. Removal proceedings are not necessarily the end of your immigration case. Depending on your circumstances, you may be able to challenge the government's allegations, apply for immigration relief, or seek another form of protection that allows you to remain in the United States.
At Jos Immigration Law, we represent individuals and families facing removal proceedings and help clients understand their options, prepare their cases, and navigate the immigration court process.
What Is Deportation?
The government generally uses the term “removal” rather than “deportation” for immigration proceedings that began on or after April 1, 1997. In everyday conversation, however, people commonly use “deportation” to describe the process of being ordered to leave the United States.
Removal proceedings generally begin when the Department of Homeland Security (DHS) serves a person with a Notice to Appear (Form I-862) and files it with the immigration court. The Notice to Appear identifies the government's factual allegations and the legal grounds it claims make the person removable.
Being placed in removal proceedings does not automatically mean that you will be deported. An immigration judge determines whether the person is removable and, when applicable, whether the person qualifies for relief from removal.
What Should I Do If I Receive a Notice to Appear?
Do not ignore it.
A Notice to Appear contains important information about your immigration case, including the government's allegations and charges. It may also contain the date and time of your first hearing. In some situations, the hearing information may be provided separately by the immigration court.
If you receive a Notice to Appear, you should:
Carefully review the document.
Determine whether an immigration court hearing has been scheduled.
Keep your address and contact information current with the immigration court.
Attend every scheduled hearing unless the court has officially changed or cancelled it.
Speak with an experienced immigration attorney as soon as possible.
Gather documents relating to your immigration history, family, employment, criminal history, and any previous immigration applications or proceedings.
Missing an immigration court hearing can have serious consequences, including the possibility of an in absentia removal order, a deportation order issued in your absence.
If I appear in court unrepresented, can I request a continuance to find an attorney?
Prior to August 2026, immigration judges routinely exercised their discretion to grant extended continuances of several months for respondents to retain counsel. This landscape shifted drastically with the BIA's issuance of its binding precedent, Matter of A-K-R-.
The Ruling: The BIA concluded that immigration judges are only required by law to give respondents 10 days from the service of a Notice to Appear (NTA) to find a lawyer. It established that if a respondent is given 10 days and fails to secure an attorney, an immigration judge does not necessarily err by denying further continuances and forcing them to proceed without a lawyer.
DOJ Training to Limit Continuances
Additionally, reports emerged detailing an internal DOJ training session for immigration judges titled "Motions to Continue: Efficiently Advancing Cases to Completion."
The training pushed judges to drastically restrict court delays. It explicitly discouraged judges from allowing respondents more than 10 days to secure legal representation, sparking heavy criticism from advocacy groups who argue it undermines due process.
Can I Fight My Deportation?
In many cases, there may be defenses or forms of relief available.
Every removal case is different. The appropriate defense depends on factors such as your immigration history, how you entered the United States, your current immigration status, your family relationships, your length of time in the country, criminal history, prior immigration applications, and the circumstances that led to the removal proceedings.
Potential forms of relief or defenses can include:
Asylum and Other Humanitarian Protection
Individuals who fear persecution or torture in their home country may, depending on their circumstances, seek forms of protection such as:
- Asylum
- Withholding of removal
Protection under the Convention Against Torture (CAT)
The requirements for these forms of protection are different, and the facts surrounding the applicant's fear and potential harm are extremely important.
Cancellation of Removal
Certain people who have lived in the United States for many years may qualify for cancellation of removal.
For example, even if an individual is in the country without lawful status, they may potentially qualify if they can establish the required period of continuous physical presence, good moral character, the absence of certain disqualifying criminal convictions, and that their removal would cause the required level of hardship to a qualifying U.S. citizen or lawful permanent resident spouse, parent, or child. The individual must also satisfy the other statutory requirements and obtain a favorable exercise of discretion.
Cancellation of removal is fact specific. Simply having lived in the United States for ten years does not automatically qualify someone for this form of relief.
Adjustment of Status
Some individuals in removal proceedings may be eligible to apply for lawful permanent residence (a green card) through adjustment of status.
For example, certain individuals may have an underlying family-based petition or another basis for permanent residence. Eligibility can depend on the person's manner of entry, immigration history, current immigration status, criminal history, and other factors.
VAWA-Based Relief
Certain individuals who have experienced battery or extreme cruelty by a U.S. citizen or lawful permanent resident spouse or parent may have immigration options under VAWA.
A person should not assume that an abusive relationship means that they have no immigration options. The specific facts and statutory requirements must be carefully evaluated.
Other Forms of Relief
Depending on the circumstances, other possible defenses or forms of relief may exist. These can include certain waivers, special immigrant classifications, Temporary Protected Status issues, or other immigration remedies.
The important point is that there is no single deportation defense that applies to everyone. A careful review of your complete immigration history is often necessary before determining what options may be available.
What Happens at Immigration Court?
A removal case generally involves multiple stages.
Master Calendar Hearing
The first hearing is commonly called a master calendar hearing. At this hearing, the immigration judge addresses preliminary matters and may take pleadings concerning the allegations and charges contained in the Notice to Appear.
The judge may also address future deadlines, applications for relief, and scheduling.
Individual Calendar Hearing
If you are applying for relief from removal, the immigration court may schedule an individual calendar hearing, sometimes referred to as a merits hearing.
This is generally where the court considers the evidence and legal arguments supporting your application. Depending on the case, testimony and witnesses may also be involved.
Preparation can be extensive. Evidence, applications, supporting documents, declarations, and testimony may all become important parts of the case.
Can I Stay in the United States While My Deportation Case Is Pending?
Being placed in removal proceedings does not necessarily mean that you must immediately leave the United States.
Whether you can remain in the country while your case is pending depends on the circumstances of your case and any applicable orders or immigration remedies. Some individuals may also have issues involving immigration detention and bond.
Because every case is different, you should not assume that filing an immigration application automatically stops removal or gives you lawful status.
An attorney can review your case and explain what protections, if any, may apply.
What If I Have a Criminal Record?
A criminal conviction can significantly affect a deportation case.
Certain convictions can create grounds of removability, affect eligibility for immigration benefits, or make certain forms of relief unavailable. The immigration consequences of a criminal case do not always correspond to how serious the offense appears under state law.
For this reason, someone facing removal should disclose all arrests and convictions to their immigration attorney, even if the case happened many years ago, was dismissed, or involved a misdemeanor.
An attorney may need to review the actual criminal court records rather than relying solely on the name of the offense.
What If I Missed My Immigration Court Hearing?
If you missed an immigration court hearing, you should address the situation as quickly as possible.
Failure to appear can result in an in absentia removal order if the legal requirements are satisfied. Depending on the circumstances, there may be a possibility of filing a motion to reopen, but the applicable requirements and deadlines can be important.
Do not assume that a missed hearing means there is nothing you can do. At the same time, do not wait to address the problem.
Can I Appeal a Deportation Order?
In some circumstances, an immigration judge's decision can be appealed to the Board of Immigration Appeals (BIA).
There are also circumstances in which a person may seek review through a motion to reopen or reconsider, depending on the procedural posture and legal basis for the request.
Appeals and post-decision motions involve specific deadlines and legal requirements. If you have recently received an immigration judge's decision, it is important to have the decision reviewed promptly.
What If I Am in Immigration Detention?
Being detained by immigration authorities adds another level of urgency to a removal case.
A detained individual may have issues involving bond, custody, removal proceedings, and eligibility for immigration relief. Whether someone can be released from detention depends on the individual's circumstances and the applicable law.
A detained person should obtain legal advice as quickly as possible because detention can affect the timing and strategy of the immigration case.
Recent federal court rulings and Board of Immigration Appeals (BIA) decisions have shifted the rules and eligibility for immigration bond hearings, centering on whether individuals who entered without inspection are entitled to bond.
BIA Restrictions: The BIA issued decisions (such as Matter of Yajure Hurtado) ruling that Immigration Judges (IJs) lack the statutory authority under INA § 235 to grant bond to noncitizens present without admission, aiming to enforce mandatory detention.
Federal Court Challenges: Federal courts across various jurisdictions have pushed back against blanket no-bond policies, with some rulings declaring indefinite detention without a hearing unconstitutional and requiring bond hearings within 90 days for certain detained individuals with U.S. ties.
Shifting Status: Enforcement and legal protections remain highly fluid and dependent on federal circuit court stays, regional district injunctions, and ongoing litigation.
In California, the rules surrounding EOIR bond hearings are highly favorable to detainees compared to most of the country, thanks to powerful counter-rulings from the U.S. Court of Appeals for the Ninth Circuit rejecting the federal administration's zero-bond policies.
If an individual is detained by ICE within California, their right to a bond hearing depends heavily on the legal category of their entry.
1. Individuals Who Entered Without Inspection (EWI)
The Board of Immigration Appeals (BIA) issued a sweeping restriction (Matter of Yajure Hurtado) declaring that anyone who entered the U.S. without inspection is subject to mandatory detention and cannot get an EOIR bond hearing.
However, in late July 2026, the Ninth Circuit Court of Appeals struck down this mandatory detention policy. The court ruled that the administration cannot apply mandatory no-bond rules to immigrants arrested in the interior of the country who have built lives here.
The Rule in CA: If a person crossed the border without inspection and is detained within California, they are legally entitled to an individualized bond hearing before an immigration judge to prove they are not a flight risk or a danger to society.
2. Recent Asylum Seekers
The government has also argued that asylum seekers apprehended near the border should be held in mandatory detention without any chance of release while their cases are pending.
The Rule in CA: On September 21, 2026, the Ninth Circuit issued a brand-new published opinion in Padilla v. ICE, explicitly allowing a class of asylum seekers to move forward with a constitutional Due Process challenge against no-bond detentions. This means California courts continue to push back against locking up asylum seekers indefinitely without a hearing.
3. Expanded Criminal Restrictions (The Laken Riley Act)
While California protects the right to a bond hearing for general immigration violations, federal statutory changes passed in 2025 still apply to criminal allegations.
The Rule in CA: Under the Laken Riley Act, any non-citizen who is merely charged or arrested (a conviction is not required) for crimes like theft, burglary, shoplifting, or assault on a law enforcement officer is placed into mandatory detention. In these specific criminal circumstances, immigration judges in California are still legally barred from granting bond.
Why You Should Work With a Deportation Defense Attorney
Removal proceedings involve federal immigration law, immigration court procedures, evidence, deadlines, and potentially complicated interactions between immigration and criminal law.
An experienced deportation defense attorney can review:
- Your Notice to Appear
- Your immigration history
- Previous visa or green card applications
- Your entry into the United States
- Your family relationships
- Your employment history
- Any criminal arrests or convictions
- Prior immigration court proceedings
- Any previous removal or deportation orders
- Your eligibility for immigration relief
- Evidence supporting your case
The goal is to identify the legal issues that matter to your particular case and develop a strategy based on the facts and applicable law.
Do Not Face Deportation Alone
Facing removal from the United States can affect much more than your immigration status. It can affect your spouse, children, parents, employment, home, and future.
If you have received a Notice to Appear, have an upcoming immigration court hearing, are detained by immigration authorities, or already have a deportation or removal order, it is important to understand your options as early as possible.
At Jos Immigration Law, we understand that immigration cases are about people and families, not just paperwork. We provide personalized representation designed around the circumstances of each client and work to help individuals understand their legal options throughout the immigration court process.
If you or a family member is facing deportation or removal proceedings in Orange County, Los Angeles County, or elsewhere in Southern California, contact Jos Immigration Law to discuss your case.
Frequently Asked Questions About Deportation Defense
Can I fight deportation? Potentially. Depending on your circumstances, you may have a defense to removability or may qualify for a form of relief from removal. An attorney must review the facts of your individual case to determine what options may be available.
I received a Notice to Appear. What should I do? Review the document carefully, determine whether a hearing has been scheduled, keep your contact information current with the immigration court, and speak with an immigration attorney promptly.
What happens at my first immigration court hearing? The first hearing is generally a master calendar hearing. The immigration judge may address the allegations and charges in the Notice to Appear and other preliminary matters.
Can I get out of immigration detention? Possibly. Eligibility for release, bond, or other custody-related relief depends on the circumstances of the individual case.
Can I stay in the United States while my case is pending? That depends on your individual circumstances, including your immigration status, court proceedings, and any applications or orders affecting your case.
What if I have a criminal conviction? A criminal conviction can affect removability and eligibility for immigration relief. The immigration consequences depend on the specific offense, disposition, sentence, and applicable immigration law.
What if I missed my immigration court hearing? A missed hearing can result in an in absentia removal order. You should have the situation reviewed promptly to determine whether any legal remedy may be available.
Can I appeal a deportation order? Certain immigration judge decisions can be appealed to the BIA, although not every decision or proceeding is appealable in the same manner. Deadlines can be critical.
How long does a deportation case take? There is no single timeline for removal proceedings. The length of a case can depend on the immigration court, the issues involved, applications for relief, evidence, hearings, motions, appeals, and other circumstances.
Speak With a Deportation Defense Attorney
If you are facing removal proceedings, do not wait until your immigration court hearing to seek legal advice. The earlier an attorney can review your case, the more effectively you may be able to identify potential defenses and prepare your case.
Jos Immigration Law represents clients facing deportation and removal proceedings throughout Orange County, Los Angeles County, and Southern California. Contact our office to schedule a consultation and learn more about your legal options.
This article is for general informational purposes only and does not constitute legal advice. Immigration laws and procedures can change, and the best strategy depends on the individual facts of each case.
