Few legal situations are more frightening than facing deportation. When the federal government tries to remove someone from the United States, the case unfolds in immigration court under federal law — but for the millions of immigrants living in California, the courts hearing these cases sit right here in the state, and California funds programs that help people get representation. This guide explains, in plain English, how removal (deportation) proceedings work, the kinds of relief that can let a person stay, how detention and bond work, and where to find help in California. The most important message is this: a removal case is not necessarily the end — many people have defenses — but you should not face it alone.

This guide provides general information about federal immigration law and is not legal advice. Removal cases are high-stakes, fast-moving, and intensely fact-specific, and the rules change. If you or a loved one is in removal proceedings or detained, seek a qualified immigration attorney or an accredited representative immediately. Many immigration attorneys are licensed by the State Bar of California, though immigration practice is federal. Avoid unlicensed "notarios," who cannot lawfully represent you.

How a removal case begins: the Notice to Appear

Removal proceedings start when the Department of Homeland Security issues a Notice to Appear (NTA) — the charging document that states why the government believes the person is removable and orders them to appear before an immigration judge. The NTA is filed with the immigration court, run by the Executive Office for Immigration Review (EOIR), part of the Department of Justice. From that point, the person (the "respondent") will have one or more hearings before a judge. It is critical to keep your address updated with the court and attend every hearing: if you fail to appear, the judge can order you removed in your absence (an "in absentia" order), which is very difficult to undo.

What happens in immigration court

An immigration case generally moves through two kinds of hearings. Master calendar hearings are short, procedural appearances where the judge confirms the charges, the respondent (through counsel) responds, and the case is scheduled. Individual (merits) hearings are the longer trials where the respondent presents evidence and testimony for whatever relief they are seeking, and the government responds. The judge then decides whether the person is removable and, if so, whether they qualify for relief. If the judge orders removal, the decision can often be appealed to the Board of Immigration Appeals (BIA), and in some cases to a federal court of appeals. Many California removal hearings are now conducted by video.

Relief from removal: the ways to stay

Being placed in removal proceedings does not automatically mean a person will be removed. Federal law provides several forms of relief from removal, depending on the person's history and circumstances:

  • Cancellation of removal. For certain long-residing people, a judge may cancel removal. Lawful permanent residents may qualify if they meet requirements including at least five years as an LPR, seven years of continuous residence, and no disqualifying convictions. Non-permanent residents may qualify under a separate, stricter standard that includes ten years of continuous physical presence, good moral character, and a showing of exceptional and extremely unusual hardship to a qualifying U.S.-citizen or permanent-resident family member. There is also a more generous cancellation path for certain survivors of abuse under VAWA.
  • Asylum and related protection. A person who fears persecution may seek asylum (Form I-589), or related protections such as withholding of removal or protection under the Convention Against Torture, as a defense in court.
  • Adjustment of status. Some respondents are eligible to become permanent residents through a family or employment petition even while in proceedings.
  • Waivers. Various waivers can forgive certain grounds of inadmissibility or removability, allowing a person to qualify for other relief.
  • Voluntary departure. In some cases, leaving voluntarily by a set date avoids a formal removal order and some of its harsher consequences.

Note that some benefits — such as U visas and T visas for crime and trafficking victims — must be filed with USCIS rather than granted by the immigration judge, even when a person is in proceedings. Sorting out which relief fits requires a careful review of the person's complete history.

Detention and bond hearings

Some people in removal proceedings are detained by ICE, while others remain free as their case proceeds. A detained person may be eligible to ask the immigration judge for release on bond. At a bond hearing, the judge considers whether the person is a flight risk or a danger to the community in deciding whether to set bond and at what amount. Not everyone is eligible for bond — certain people are subject to mandatory detention — and the rules are complex and change. Because California has a detention-based immigration court at Adelanto and others, detained-case representation is an active area where legal help can make a real difference.

Appeals and reopening a case

An order of removal is not always the final word. If the immigration judge rules against you, you generally have a limited time — typically 30 days — to file an appeal to the Board of Immigration Appeals (BIA), which reviews the judge's decision. If the BIA denies the appeal, certain legal issues can be taken further to a federal court of appeals. Separately, in some circumstances a person may ask the court to reopen or reconsider a case — for example, when new evidence emerges, when a prior in-absentia order resulted from a missed notice, or when there has been a change in the law. These motions have strict deadlines and demanding standards, so they are not a substitute for handling the case properly the first time, but they can be a lifeline when something went wrong. Because the deadlines are short and unforgiving, anyone who receives an unfavorable decision should consult an attorney immediately rather than waiting.

The right to counsel — at your own expense

One of the most important things to understand about immigration court is that it is civil, not criminal. That means there is no right to a government-appointed lawyer the way there is in a criminal case. You have the right to be represented — by an attorney or an accredited representative — but generally at your own expense. This is a crucial difference, because studies consistently show that represented immigrants fare far better than those who appear alone. The good news in California is that the state and several counties fund programs to provide free or low-cost representation to some people in removal proceedings, which can fill part of the gap.

The immigration courts located in California

Because California has so many immigrants, EOIR operates numerous immigration courts in the state, including multiple courts in the Los Angeles area (such as downtown North Los Angeles Street, West Los Angeles, and Van Nuys), and courts in San Francisco, San Diego, Sacramento, Santa Ana, and Adelanto, among others. Your NTA or your EOIR online account will tell you which court and judge are handling your case, and EOIR's automated information line lets you confirm your next hearing date. If you move, update your address with the court immediately so you do not miss a notice.

California-funded representation programs

California has invested heavily in immigration legal aid. Through the Department of Social Services and programs first funded in the 2015–2016 state budget, California funds many nonprofit organizations across the state to provide free immigration legal services, and the scope was later expanded to include removal (deportation) defense. A number of California counties and cities also directly fund immigrant legal-defense programs. Availability depends on where you live, the type of case, and funding, so it is important to contact local nonprofit legal-services organizations as early as possible — ideally as soon as you receive an NTA or learn that a family member has been detained.

Key laws, forms, and the process

Removal proceedings are governed by the federal Immigration and Nationality Act and conducted under the regulations and procedures of EOIR. Important forms include:

  • Form EOIR-28 — the notice an attorney files to enter an appearance in immigration court.
  • Form EOIR-42A — application for cancellation of removal for lawful permanent residents.
  • Form EOIR-42B — application for cancellation of removal for certain non-permanent residents.
  • Form I-589 — application for asylum and withholding of removal.
  • Form EOIR-26 — notice of appeal to the Board of Immigration Appeals.

Forms and rules change, so confirm the current versions and requirements before filing anything with the court.

Step-by-step: a removal case at a glance

  1. Receive the Notice to Appear. Read it carefully; note the charges and any hearing information.
  2. Get a lawyer immediately. Hire an attorney or accredited representative, or seek a California-funded nonprofit if cost is a barrier.
  3. Attend the master calendar hearing. Respond to the charges and identify possible relief.
  4. Address detention and bond. If detained, ask whether you qualify for a bond hearing.
  5. Apply for relief. File the appropriate application(s) — cancellation, asylum, adjustment, or a waiver.
  6. Attend the individual (merits) hearing. Present evidence and testimony for your relief.
  7. Pursue an appeal if needed. If the judge orders removal, consider an appeal to the BIA within the deadline.

The intersection of criminal and immigration law

One of the most dangerous areas for non-citizens is the overlap between criminal charges and immigration consequences. Many convictions — and even some arrests or guilty pleas that seem minor in criminal court — can trigger removal or block relief that a person would otherwise qualify for. Because the immigration consequences of a plea are often more severe and more permanent than the criminal penalty itself, any non-citizen facing a criminal charge in California should make sure their criminal defense attorney consults an immigration lawyer before entering any plea. A plea that looks like a good deal in criminal court can quietly destroy an immigration case. Conversely, in some situations, post-conviction relief in the criminal courts may help repair the immigration damage. This is highly technical, so coordinated advice from both a criminal and an immigration attorney is the safest course.

What to do if a family member is detained

If a loved one is taken into immigration custody, act quickly and calmly. Try to locate where they are being held, gather their immigration and identity documents, and contact an immigration attorney or a California-funded nonprofit right away to evaluate eligibility for bond and for relief. Avoid signing anything you do not understand — including any document that could amount to agreeing to leave the country — without legal advice. Keep written records of dates, officers, and any documents received. Because detained cases move on compressed timelines, the sooner you reach a qualified representative, the more options are likely to remain open.

Frequently asked questions

Will the court appoint a free lawyer for me?

No. Immigration court is civil, so there is no government-appointed attorney as there is in criminal cases. You may be represented at your own expense by an attorney or accredited representative. California and some counties fund programs that provide free or low-cost help to some people — contact local nonprofits right away.

What happens if I miss my hearing?

The judge can order you removed in your absence (an "in absentia" order), which is very hard to reverse. Always keep your address current with the court and attend every hearing. If you have a genuine emergency, get a lawyer's help immediately to seek to reschedule or reopen.

I've lived here a long time. Is there a way to stay?

Possibly. Cancellation of removal exists for some long-residing permanent residents and, under stricter rules, for some non-permanent residents who can show long presence, good moral character, and exceptional hardship to qualifying family. Other relief — asylum, adjustment, waivers — may also apply. A lawyer can review your history to identify your options.

Can I be released from detention while my case is pending?

Sometimes. If you are eligible, you can ask the judge for release on bond, and the judge weighs flight risk and danger. Some people are subject to mandatory detention and cannot get bond. The rules are complex, so get legal advice about your specific situation.

Does the California Values Act stop my deportation?

No. The California Values Act (SB 54) limits how state and local resources are used for federal civil immigration enforcement; it does not prevent federal agencies from enforcing immigration law or grant any immigration status. Your removal case is decided under federal law in federal immigration court.

Get help defending against removal

A removal case moves quickly and the stakes could not be higher, so acting early — and getting representation — matters enormously. For the broader landscape, see the immigration hero guide, and if family or marriage may offer a path to status, read our guide to family-based green cards in California. Our directory lists attorneys licensed by the State Bar of California across all 58 counties — free to search, no obligation. If cost is a barrier, ask whether you qualify for California's free, state-funded removal-defense programs.