How the deportation process works, step by step

This page is a map of the whole process. It is general information, not legal advice. Every case is different, so talk with an immigration attorney or a DOJ accredited representative about yours.

Does everyone get to see a judge?

Most people do. The usual path is a case in immigration court, where a judge decides whether you can stay.

Some people can be sent away without a judge. This happens mostly to people who cannot show they have lived here for two years, and to people who were deported before and came back. See Can I be deported without seeing a judge? If you are afraid to go back to your country, say so out loud to the officer, every time.

What are the steps in a court case?

Here is the usual order. Some cases skip steps, and one step can take a few hours or many years.

Step 1. Contact with immigration

A case can start in many ways, such as an arrest by ICE, a transfer from a jail to ICE, or a stop near the border. For what California jails can and cannot do, see What an ICE hold is.

Step 2. The Notice to Appear

The government gives you a Notice to Appear, Form I-862. It says why the government thinks you can be deported. Your court case officially starts when the government files it with the immigration court. Read What a Notice to Appear means and what to do next.

Step 3. Detention or release

ICE may hold you in detention or let you go home, sometimes with check ins or an ankle monitor. Some people can ask a judge for release on bond. Who can get a bond hearing has been fought over in the courts since 2025. In July 2026 the federal appeals court that covers California ruled against the government's no bail policy for many people arrested inside the country, but other courts disagree. On October 1, 2026, the Supreme Court agreed to decide the question. Ask a lawyer what applies to you this week. See How to get someone out of detention on bond and ICE check ins and ankle monitors.

Step 4. The first hearings (master calendar)

These are short group hearings. The judge explains your rights and the charges, asks you to answer them, and sets deadlines. You can ask for time to find a lawyer. See What happens at your first immigration court hearing.

Step 5. Asking to stay

This is where you tell the judge why you should not be deported. You might say the government is wrong about the facts, or ask for a form of relief like asylum or cancellation of removal. Each one has its own forms, deadlines and proof. Asylum must usually be filed within one year after you arrived, with some exceptions. See Who can apply for asylum and Cancellation of removal.

Step 6. The final hearing (individual hearing)

This is your main hearing, usually just you, your lawyer, the government lawyer, the judge and an interpreter. You and your witnesses testify, and the government lawyer can ask questions. You have the right to see the evidence against you, bring your own and question the government's witnesses.

Step 7. The judge's decision

The judge may let you stay, close the case, give you time to leave on your own (voluntary departure), or order you removed. If the judge orders you removed, the judge must tell you about your right to appeal. See Thinking about leaving the US on your own?

Step 8. Appeal, reopening, and after a final order

You can appeal to the Board of Immigration Appeals. Right now the Board must receive your appeal within 30 days of the judge's decision, under a March 2026 EOIR policy memo. The printed regulation still shows a 10 day rule that a federal court set aside, and the rules may change again, so talk to a lawyer the same day you get a decision. See How to appeal an immigration judge decision. In general, a request to reopen a case is due within 90 days of the final order. See Can I reopen my deportation case?

Once an order is final, ICE can detain you to carry it out. The law gives ICE a 90 day period to remove a person after the order becomes final, and ICE must hold many people during that time.

What rights do I have in immigration court?

• A lawyer, but not a free one from the government. You may have a lawyer or a DOJ accredited representative. The government does not pay for one. The court must give you a list of free legal services.
• An interpreter. The court provides one if you need it.
• To see and answer the evidence. You can look at the government's evidence, bring your own and question its witnesses.
• To appeal a judge's decision.

Free lawyers are hard to find, so start early. See Can I get a free lawyer for immigration court?

What does this look like for one person?

Example (fictional). Marta is stopped and given a Notice to Appear. She is released and goes home.

1. Week 1. She reads the notice, writes down her A number and checks Automated Case Information. Her case does not show yet, because it starts only when the government files the notice with the court.
2. A few weeks later. The court mails her a hearing notice. By law, the first hearing cannot be sooner than 10 days after the notice to appear is served, unless she asks in writing for an earlier date.
3. She moves. She files Form EOIR-33 within five working days, so the next notice reaches her.
4. First hearing. She has no lawyer yet, so she asks the judge for time to find one. The judge gives her a new date.
5. With a lawyer. Her lawyer files an asylum application before her one year anniversary in the U.S.
6. Individual hearing, months or years later. She testifies, the judge decides, and she has 30 days for the Board to receive any appeal.

Your case may move faster or slower. If you are detained, everything moves much faster.

What has changed in 2025 and 2026?

The rules are moving fast. Here is what we confirmed on October 21, 2026:

• Fast deportations reach further. On June 23, 2026, a federal appeals court lifted the order that had paused the 2025 policy (Make the Road New York v. Mullin). ICE can now use expedited removal anywhere in the country on people who cannot show two years here. A request for the full court to rehear the case was filed July 27, 2026, with no ruling reported. See Expedited removal.
• Arrests at immigration court are limited again. Federal judges in San Jose (June 23, 2026) and New York (September 30, 2026, as announced by the ACLU, which brought the case) struck down the 2025 policies that allowed wide arrests at immigration courts. The government may appeal. Keep going to court.
• The San Francisco Immigration Court closed on September 4, 2026. Bay Area cases now belong to the Concord Immigration Court. Some hearings happen at the Sansome Street location in San Francisco, run by Concord, or by video. Your notice says where. See Bay Area immigration courts.
• Fees. For what court and asylum filings cost now, see New immigration court and asylum fees in 2026.

If this feels like too much, you are not alone. Take one step: write down your A number and call for legal help.

Who can help?

You don't have to face a deportation case alone. These are free or low cost nonprofits and public offices. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Community Legal Services in East Palo Alto (CLSEPA): 650-326-6440. Deportation defense for people with low income in San Mateo and Santa Clara counties. Walk in Monday to Friday, 9 a.m. to 1 p.m., 1861 Bay Road, East Palo Alto.
• Asian Law Alliance (San Jose): (408) 287-9710
• Catholic Charities of Santa Clara County: (408) 468-0100
• Catholic Charities San Francisco, immigration services (serves San Mateo County): (650) 285-6451
• San Mateo County Immigrant Services: (650) 363-4194
• Santa Clara County removal defense list: Office of Immigrant Relations
• Free lawyers for your court: DOJ List of Pro Bono Legal Service Providers, Concord section

More choices are on Free or low cost immigration legal help. Only a lawyer or a DOJ accredited representative may give you legal advice. Before you pay anyone, read Warning signs of an immigration scam.

Every step of this process has a door you can knock on. Keep your papers close, keep your court dates, and lean on the people around you. You are not walking this road alone.