Facing Deportation in California? Your Legal Rights and Defense Options

Last Updated: February 2026

Receiving a Notice to Appear in immigration court or learning that Immigration and Customs Enforcement (ICE) is looking for you or a family member is one of the most frightening experiences a person can face. Deportation, formally called “removal” under U.S. immigration law, means being forced to leave the country where you have built your life, your family, and your livelihood.

But facing deportation does not mean you are without options. Under U.S. law, every person in removal proceedings has legal rights, including the right to appear before an immigration judge, the right to present evidence, and the right to apply for relief from removal if you qualify. In many cases, people facing deportation have viable legal defenses that can allow them to remain in the United States lawfully.

This guide explains the removal process in California, the most common forms of relief from deportation, what to do if ICE comes to your door, and why legal representation can make the difference between staying in the United States and being removed.

Understanding the Removal Process in California

Deportation proceedings are handled by the immigration courts, which are part of the Executive Office for Immigration Review (EOIR) within the U.S. Department of Justice. These are administrative courts, not criminal courts, though the consequences can be just as severe.

How Removal Proceedings Begin

Removal proceedings begin when the Department of Homeland Security (DHS), typically through ICE, files a Notice to Appear (NTA) with an immigration court. The NTA is a charging document that identifies the individual, states the factual allegations against them, and lists the legal grounds for removal.

California Immigration Courts

California has several immigration courts that handle removal cases:

The Removal Hearing Process

Removal proceedings typically involve two main hearings:

If the judge orders you removed, you may appeal to the Board of Immigration Appeals (BIA) and, in some cases, to the federal circuit courts.

Defense Options: Forms of Relief from Deportation

There are multiple legal defenses and forms of relief that may be available depending on your individual circumstances. An experienced immigration attorney can evaluate which options apply to your case.

Cancellation of Removal

Cancellation of removal is one of the most important forms of relief available in immigration court. There are two types:

Asylum as a Defense to Deportation

If you fear persecution in your home country based on your race, religion, nationality, political opinion, or membership in a particular social group, you may apply for asylum as a defense to removal.

In removal proceedings, the one-year filing deadline for asylum applications is more flexible. You can raise an asylum claim before the immigration judge regardless of when you entered the United States, as long as you meet the substantive requirements.

If granted asylum, you receive authorized status in the United States, work authorization, and the ability to apply for a Green Card after one year.

Adjustment of Status

If you have an approved immigrant visa petition (such as an I-130 filed by a U.S. citizen spouse or parent) and a visa number is available, you may be able to adjust your status to lawful permanent resident even while in removal proceedings. The immigration judge can adjudicate the adjustment application in some cases, or the proceedings may be administratively closed or terminated to allow USCIS to process the application.

Withholding of Removal

Withholding of removal under INA Section 241(b)(3) is similar to asylum but has a higher standard of proof. You must show that it is “more likely than not” that you would be persecuted in your home country on account of a protected ground. Unlike asylum, withholding does not lead to a Green Card, but it does prevent the government from removing you to the country where you face persecution.

Protection Under the Convention Against Torture (CAT)

Voluntary Departure

Voluntary departure is not technically a “defense” because it still results in your leaving the United States. However, it is a significant alternative to a formal removal order. If granted voluntary departure, you leave the country at your own expense by a specified date, and you avoid the severe legal consequences of a formal deportation order, including the 5-year, 10-year, or 20-year bars on reentry that accompany a removal order.

Voluntary departure may be appropriate when no other relief is available and the individual wants to preserve the ability to return to the United States legally in the future.

Prosecutorial Discretion

DHS and ICE attorneys have the authority to exercise prosecutorial discretion in individual cases. This can include:

• Declining to issue an NTA in the first place
• Agreeing to administrative closure of proceedings
• Agreeing to termination of proceedings
• Joining a motion to continue the case
• Declining to appeal a favorable decision by the immigration judge

Historically, prosecutorial discretion has been used to deprioritize cases involving individuals with no criminal record, strong family ties, long periods of U.S. residence, or other compelling equities. However, the availability and exercise of prosecutorial discretion depends heavily on the enforcement priorities of the current administration.

Our experienced attorneys fight for your right to remain in the United States

Increased Enforcement in 2026: What You Need to Know

The immigration enforcement landscape has intensified significantly in 2026. If you or a family member is undocumented or has an unresolved immigration case, it is critical to understand the current environment.

More ICE Operations in California Communities

ICE has expanded enforcement operations throughout California, including in areas that were previously considered lower-priority. Operations are no longer limited to border regions or known enforcement zones. ICE officers are conducting targeted operations in residential neighborhoods, workplaces, courthouses, and public spaces across the state, from San Diego to the Bay Area to the Central Valley.

Faster Court Processing and Reduced Continuances

Immigration courts are under pressure to reduce their massive case backlogs. This means judges are granting fewer continuances and moving cases to trial more quickly. For individuals in proceedings, this creates an urgency to retain an attorney and prepare your case as soon as possible. You may have less time to gather evidence, obtain country condition documentation, or locate witnesses than in previous years.

Changes in Enforcement Priorities

Current enforcement priorities are broader than in recent years, and fewer categories of individuals are being classified as low-priority for enforcement. Even individuals with no criminal history may be targeted for removal if they have a prior removal order, have failed to appear at a prior court hearing, or are encountered during an enforcement operation.

What to Do If ICE Comes to Your Door

Knowing your rights during an ICE encounter can be the difference between detention and remaining in your home. Here is what you should know:

Step-by-Step: What to Do

1. Do not open the door. ICE officers cannot enter your home without a valid judicial warrant (signed by a judge, not just an administrative warrant signed by an ICE supervisor). You can ask the officer to slide the warrant under the door or hold it up to a window so you can see it.

2. Ask if they have a judicial warrant. An administrative warrant (Form I-200 or I-205) does not give ICE the authority to enter your home without your consent. Only a warrant signed by a federal or state judge (typically a search warrant or arrest warrant signed by a U.S. Magistrate Judge) authorizes forced entry.

3. Remain silent. You do not have to answer questions about your immigration status, where you were born, or how you entered the United States. You can say: “I am exercising my right to remain silent.”

4. Do not sign anything. ICE may ask you to sign documents, including a voluntary departure agreement or a stipulated removal order. Do not sign anything without consulting an attorney.

5. Document the encounter. If possible, have a family member or housemate record the encounter on video from inside the home. Record the officers’ names and badge numbers.

6. Contact an attorney immediately. If you or a family member is arrested by ICE, call a lawyer as soon as possible.

The Importance of Legal Representation in Deportation Cases

Studies consistently demonstrate that legal representation is the single most important factor in the outcome of removal cases. According to data from the American Immigration Lawyers Association and academic studies, individuals with attorneys are significantly more likely to win their cases and obtain relief from removal than those who appear without counsel.

An experienced immigration attorney will:

• Evaluate all possible forms of relief available in your specific case
• Gather and present evidence effectively
• Prepare you for testimony
• Cross-examine government witnesses
• Present legal arguments to the immigration judge
• File appeals if necessary

Bueno Immigration Represents Detained Individuals

At Bueno Immigration, we understand that deportation defense cases are urgent and high-stakes. Our team represents individuals in removal proceedings throughout California, including those who are detained at facilities like the Otay Mesa Detention Center and the Adelanto ICE Processing Center.

We handle cases in immigration courts across California, including Los Angeles, San Diego, San Francisco, and beyond.

Our deportation defense services include:

• Bond hearings: We represent detained individuals at bond hearings to seek their release from detention while their case is pending. We present evidence of community ties, family relationships, employment history, and non-dangerousness to argue for a reasonable bond amount.
• Cancellation of removal (10-year and 3-year): We prepare comprehensive applications demonstrating continuous presence, good moral character, and the exceptional hardship that removal would cause to qualifying relatives.
• Asylum and withholding of removal: We prepare detailed asylum applications, gather country condition evidence, and represent clients at individual hearings before immigration judges. Learn more about our asylum representation.
• Adjustment of status in proceedings: When a family-based or other immigrant visa petition is available, we pursue adjustment as a path to a Green Card even while removal proceedings are ongoing.
• Appeals to the Board of Immigration Appeals: If the immigration judge issues an unfavorable decision, we file appeals and present legal arguments to the BIA.

Visit our deportation defense service page for more information.

Bond Hearings: Getting Out of Detention

If you or a loved one has been detained by ICE, a bond hearing may be available. At a bond hearing, an immigration judge determines whether you should be released from detention and, if so, sets a bond amount.

Who Is Eligible for Bond?

Not everyone is eligible. Individuals subject to mandatory detention, such as those with certain criminal convictions or those apprehended at the border, may not be entitled to a bond hearing. However, many detained individuals do qualify.

What the Judge Considers

The immigration judge evaluates two factors:

1. Flight risk: Are you likely to appear at future court hearings? Factors include family ties in the community, length of U.S. residence, employment history, and prior court appearances.
2. Danger to the community: Do you pose a threat to public safety? The judge considers criminal history, the nature and severity of any offenses, and evidence of rehabilitation.

Bond amounts in California typically range from $5,000 to $25,000 or more, depending on the circumstances. A strong bond hearing presentation, supported by evidence and testimony, can significantly reduce the bond amount or result in release on bond.

Do Not Ignore Your Immigration Court Date

If you have received a Notice to Appear or any court hearing notice, take it seriously. If you have moved and are worried about not receiving hearing notices, check your case status online at the EOIR automated system (call 1-800-898-7180 or check online at https://portal.eoir.justice.gov/) or consult with an attorney.

Our dedicated team fights for your right to remain in the United States from our San Diego and San Rafael offices

Act Now: Time Is Critical in Deportation Cases

Deportation defense is time-sensitive. Evidence must be gathered, applications must be filed, and deadlines must be met. Waiting too long to seek legal help can result in missed opportunities for relief.

If you or a family member is in removal proceedings, has received a Notice to Appear, has been detained by ICE, or is concerned about enforcement activity in your community, do not wait.

Disclaimer: The information provided in this blog post is for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship with Bueno Immigration or Bueno Law. Immigration law is complex and changes frequently, especially in the area of enforcement and removal. Individual results depend on the specific facts and circumstances of each case. If you or a loved one is facing deportation or has been detained by immigration authorities, please contact our office immediately to schedule a consultation with a licensed attorney.