How does deportation defense work in California?

Deportation defense in federal immigration court starts after a Notice to Appear is filed, moves through hearings before an immigration judge, and ends in relief, an order of removal, or a judge's order terminating or dismissing the case. California's state courts play no role in that federal process, though a pending California criminal case can affect it.

What starts removal proceedings against someone in California?

A Notice to Appear, Form I-862, issued by the Department of Homeland Security, begins removal proceedings in immigration court. California criminal agencies do not file this federal document.

Under 8 U.S.C. 1229(a), the Notice to Appear must state the nature of the proceedings, the legal authority for them, the specific acts and charges alleged, the time and place of the hearing, and that the person may be represented by counsel, with time to find a lawyer and a list of counsel; under 8 U.S.C. 1229a(b)(4)(A), that representation comes "at no expense to the Government." It must also explain the duty to keep a current address and phone number on file with the government, and what 8 U.S.C. 1229a(b)(5) does if that information is missing or a hearing is missed. The Notice to Appear is a federal immigration document, separate from any citation a California police officer or court issues for a state criminal charge. The firm's answer on an immigration Notice to Appear that lists the wrong conviction covers what to do when the document itself contains an error.

What happens at the first hearings in immigration court?

Most cases begin with master calendar hearings for pleadings and scheduling, then move to a longer individual hearing where the immigration judge decides the case.

The Executive Office for Immigration Review's own practice manual describes a master calendar hearing as a proceeding "held for pleadings, scheduling, and other similar matters," where the judge explains the charges, takes the person's response to them, and sets deadlines for applications and evidence. At least 10 days must pass between service of the Notice to Appear and the first master calendar hearing under 8 U.S.C. 1229(b)(1), unless the person waives that waiting period in writing. The individual hearing, also called the merits hearing, is the evidentiary hearing: the Executive Office for Immigration Review's practice manual describes it as the hearing for "contested matters," including "challenges to removability and applications for relief."

What each type of immigration court hearing covers.

A person who does not attend a hearing after proper written notice must be ordered removed in absentia if the government proves, by clear, unequivocal and convincing evidence, that the written notice was given and that the person is removable, under 8 U.S.C. 1229a(b)(5).

Can someone be detained during the case, and is bond available?

Detention depends on the specific grounds alleged. Some people can ask for release on bond or conditional parole, while federal law requires mandatory detention for others.

Under 8 U.S.C. 1226(a), a person arrested and held pending a decision on removal may be kept in detention or released on "bond of at least $1,500" or on conditional parole, unless mandatory detention under 8 U.S.C. 1226(c) applies. Mandatory detention under 1226(c) reaches specific criminal grounds, and the Laken Riley Act (Pub. L. 119-1, enacted January 29, 2025) expanded it: since that law, someone who is inadmissible on certain grounds and who "is charged with, is arrested for, is convicted of, admits having committed, or admits committing acts which constitute the essential elements of any burglary, theft, larceny, shoplifting, or assault of a law enforcement officer offense, or any crime that results in death or serious bodily injury to another person" must be detained once released from that arrest.

Whether bond is available at all can also depend on how and when a person entered the country, and the law on that point is unsettled. The Board of Immigration Appeals ruled in Matter of Yajure Hurtado, 29 I&N Dec. 216 (BIA 2025), that immigration judges "lack authority to hear bond requests or to grant bond to aliens who are present in the United States without admission." The United States Court of Appeals for the Ninth Circuit, which covers California, reached the opposite conclusion in Rodriguez Vazquez v. Bostock, No. 25-6842 (9th Cir. July 30, 2026), ruling that "aliens present without admission who are apprehended in the interior of the United States are subject to the detention regime of" 8 U.S.C. 1226, "not" 8 U.S.C. 1225(b)(2)(A), so a bond hearing is available after all under that court's reading. The Supreme Court granted review of that same question in a different case on October 1, 2026, so the governing rule can still change. Nobody should assume either result without asking a lawyer to check which rule currently applies to a specific case.

What are the main forms of relief from removal?

Several federal forms of relief can stop a removal, depending on the person's status, family ties, criminal history, and reason for fearing return.

• Cancellation of removal: For someone who is not a permanent resident, 8 U.S.C. 1229b(b)(1) can apply after 10 years of continuous physical presence, which generally stops counting when the Notice to Appear is served, good moral character during those years, and no disqualifying conviction, if removal "would result in exceptional and extremely unusual hardship" to a spouse, parent or child who is a United States citizen or lawful permanent resident. A separate, lower "extreme hardship" standard applies to certain abused spouses and children under the same section's battered spouse and child provision.
• Asylum: Under 8 U.S.C. 1158, this protection is for someone who fears persecution in their home country on account of race, religion, nationality, political opinion, or membership in a particular social group. An application generally must be filed within one year of arrival in the United States unless an exception applies.
• U visa: Available under 8 U.S.C. 1101(a)(15)(U) to a victim who suffered substantial physical or mental abuse from qualifying criminal activity that violated United States law or occurred in the United States, who has information about that activity, and who has been, is being, or is likely to be helpful to law enforcement investigating or prosecuting it.
• T visa: Available under 8 U.S.C. 1101(a)(15)(T) to a victim of a severe form of human trafficking who is physically present in the United States on account of that trafficking, who has complied with reasonable requests to help investigate or prosecute it (unless under 18 or unable to because of trauma), and who would "suffer extreme hardship involving unusual and severe harm" if removed.
• Waivers of inadmissibility: Forms I-601 and I-601A ask the government to forgive certain grounds of inadmissibility, such as the unlawful presence bars in 8 U.S.C. 1182(a)(9)(B), when refusing admission would cause "extreme hardship" to a qualifying citizen or lawful permanent resident spouse or parent.

A motion to reopen a removal order based on new asylum or related evidence of changed country conditions carries no 90-day deadline under 8 U.S.C. 1229a(c)(7)(C)(ii), but only if that evidence "is material and was not available and would not have been discovered or presented at the previous proceeding."

How can someone find their case or check a hearing date?

The immigration court's own written notices control the hearing date. The Executive Office for Immigration Review also offers an online tool for basic case status.

The Executive Office for Immigration Review's Automated Case Information System lets a person look up a pending case with an A-Number and nationality. The agency describes the tool this way: it "provides basic information about the status of certain cases before an immigration court or the Board of Immigration Appeals," and "[n]ot all cases, or all information about a case is displayed." The agency is direct that the lookup tool does not replace the court's own paperwork: "[d]ocuments the immigration court or Board of Immigration Appeals issue to you or your representative are the only official determinations related to your case." A decision from an immigration judge can be appealed to the Board of Immigration Appeals.

What should someone do after receiving a Notice to Appear?

Confirm the hearing date and location on the notice, gather identity and status documents, and get a lawyer involved before the first hearing, especially with a pending California criminal case.

A person with both a pending California criminal case and a Notice to Appear should have both matters reviewed together, since a plea or conviction in the criminal case can create or worsen immigration consequences before the removal case is decided. The firm's answer on getting an immigration review before a California plea covers why that timing matters and what to ask before agreeing to any plea. Someone who already has a criminal defense lawyer for the state case should ask that lawyer to loop in immigration counsel rather than treating the two cases as unrelated.

Frequently asked questions

Can someone keep working while a removal case is pending?

It depends on whether the person already has valid work authorization and on what has been filed in the case. Being placed in removal proceedings does not by itself create work authorization, but some pending applications can lead to a work permit; for asylum, 8 U.S.C. 1158(d)(2) bars one until 180 days after the application is filed.

Does a removal order show up on a criminal record?

Not as a conviction. A removal order comes from the civil immigration system, not a state or federal criminal court, so it is not itself a criminal conviction, though an underlying conviction can be a separate reason the government alleges in the case.

Can a removal case end without a final removal order?

Yes, in some cases. An immigration judge can terminate a case, or dismiss it on the government's motion, without a removal order; administrative closure only pauses a case by taking it off the court's active calendar until it is recalendared. None of these is available in every case.

What happens if someone misses a hearing because they never received the notice?

The in absentia removal rule in 8 U.S.C. 1229a(b)(5) depends on the government proving proper notice. A person who did not actually receive notice may be able to ask the court to reopen the case.

Is every criminal conviction a reason for removal?

No. It depends on whether the conviction fits a specific ground: for someone who was admitted, the grounds in 8 U.S.C. 1227(a)(2), such as an aggravated felony, certain drug or firearms offenses, domestic violence, stalking, or violating a protection order's terms against credible threats of violence, repeated harassment or bodily injury; for someone never admitted, the grounds in 8 U.S.C. 1182(a)(2), such as a crime involving moral turpitude or a drug offense. Many convictions fit none.

Does approval of a form of relief come with a work permit?

It depends on the relief. A VAWA self-petitioner, for example, becomes eligible for work authorization once USCIS approves the self-petition, while other forms of relief reach that point at a different stage of the case.

Talk to a lawyer

Removal proceedings move on a federal timeline that does not wait for a separate California criminal case to finish. The Law Offices of David S. Chesley offers a free consultation, is available 24/7, and offers payment plans. Se habla español. Call (800) 755-5174 or use the contact page to go over a Notice to Appear or an upcoming hearing.