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Deportation Defense & Immigration Court Representation in Southern California

Receiving a notice to appear in immigration court is one of the most frightening experiences a person or family can face. It means the U.S. government has begun the process of trying to remove you from the country. But being placed in removal proceedings does not mean deportation is inevitable. Many people in immigration court have real legal options, and the outcome often depends on having an attorney who knows the courts, knows the law, and knows how to fight.

The Law Office of Martín O’Hara represents immigrants in removal proceedings across Southern California. We appear regularly in immigration courts in West Los Angeles, Santa Ana, Van Nuys, and Adelanto, and we handle cases at every stage: from the first master calendar hearing through trial and, if necessary, on appeal.

Hablamos español. Call (213) 265-7348 to schedule a consultation.

What Are Removal Proceedings?

Removal proceedings (also called deportation proceedings) are the formal legal process through which the U.S. government seeks to remove a non-citizen from the United States. They take place in immigration court before an immigration judge, and they are governed by a separate body of law from regular civil or criminal court.

Proceedings typically begin when U.S. Immigration and Customs Enforcement (ICE) issues a document called a Notice to Appear (NTA). This document lists the government’s allegations and the legal basis for seeking removal. You will be given a date to appear in court, and from that point, the clock is running.

Immigration court is not like traffic court. The stakes are the highest possible: your ability to remain in the country, stay with your family, and continue building your life. Going to immigration court without a lawyer puts you at a severe disadvantage.

How Does Immigration Court Work?

Immigration court proceedings typically move through two stages:

Master Calendar Hearing This is the first court appearance. It is a shorter hearing where the judge confirms your information, reviews the charges against you, and sets deadlines for the case. This is where your attorney enters your appearance, responds to the government’s allegations, and identifies what defenses or applications for relief you plan to pursue. Having an attorney at this stage is critical because decisions made at the master calendar hearing shape everything that follows.

Individual (Merits) Hearing This is the full hearing where your case is actually argued. Your attorney presents evidence, examines witnesses, and makes legal arguments on your behalf. The government’s attorney argues for removal. The judge then issues a decision. This hearing can last anywhere from a few hours to multiple days depending on the complexity of the case.

If the judge rules against you, the case does not necessarily end there. Decisions can be appealed to the Board of Immigration Appeals (BIA) and, from there, to the Ninth Circuit Court of Appeals. The Law Office of Martín O’Hara handles cases at all of these levels.

Defenses Against Removal: What Options May Be Available

Every case is different, and eligibility for any particular defense depends on your individual circumstances. Some of the most common defenses and forms of relief we pursue in immigration court include:

Asylum If you have suffered persecution or have a well-founded fear of persecution in your home country based on race, religion, nationality, political opinion, or membership in a particular social group, you may be eligible to apply for asylum. Asylum can be a defense to removal and, if granted, leads to lawful status in the United States.

Withholding of Removal Even if asylum is not available (for example, due to the one-year filing deadline) you may qualify for withholding of removal if returning to your home country would put your life or freedom at serious risk. Withholding does not lead to a green card, but it prevents deportation to the country of danger.

Cancellation of Removal Certain long-term residents who have been in the U.S. for an extended period and can show that their removal would cause exceptional hardship to a U.S. citizen or lawful permanent resident spouse, parent, or child may be eligible for cancellation of removal. There are separate rules for lawful permanent residents and non-permanent residents.

Adjustment of Status If you have an approved immigrant visa petition (for example, through a U.S. citizen or LPR family member) you may be able to apply for a green card directly in immigration court rather than through a separate USCIS process.

Waivers Certain grounds of removal can be waived, meaning you can ask the court to overlook a disqualifying factor based on hardship or other equitable considerations. Whether a waiver is available depends on the specific ground of removal.

Facing an upcoming court date? Don’t wait. The sooner you have an attorney, the more options you have. Call (213) 265-7348 or email Martin@MartinOharaLaw.com to schedule a consultation. Hablamos español.

Immigration Courts We Appear In

Martín O’Hara appears regularly in immigration courts throughout Southern California, including:

  • West Los Angeles Immigration Court — 5245 Pacific Concourse Dr, Los Angeles, CA
  • North Los Angeles St. Immigration Court — 300 North Los Angeles St., Los Angeles, CA
  • Santa Ana Immigration Court — 1241 E. Dyer Rd., Santa Ana, CA 92705
  • Van Nuys Immigration Court — 6230 Van Nuys Blvd., Van Nuys, CA
  • Adelanto Immigration Court — 10400 Rancho Rd., Adelanto, CA
We also handle cases before the Board of Immigration Appeals (BIA) in Falls Church, Virginia, and the Ninth Circuit Court of Appeals for clients whose cases require federal appellate review.

If the Judge Rules Against You - Appeals

A ruling against you in immigration court is not the final decision. You have the right to appeal an adverse decision to the Board of Immigration Appeals (BIA), and if the BIA rules against you, a further appeal may be possible in the Ninth Circuit Court of Appeals.

Federal appeals are complex, deadline-driven, and require a different skill set than trial-level immigration work. Martín O’Hara is admitted to practice before the Ninth Circuit Court of Appeals and has experience handling immigration appeals at the federal level.

If you have already received an adverse decision and are considering an appeal, time is critical. BIA appeals must generally be filed within 30 days of the immigration judge’s decision.

Learn More About BIA Appeals

Frequently Asked Questions (FAQ)

Missing a court date without a valid reason is extremely serious. An immigration judge can order you removed in absentia, which means you can be ordered deported without being present in court. If this has happened to you, contact us immediately. In some cases it may be possible to file a motion to reopen the case, but time is critical.

You are not legally required to have an attorney, but immigration court is a formal legal proceeding with complex rules, strict deadlines, and a government attorney arguing against you. People who appear without representation are at a significant disadvantage. Most immigration judges will strongly encourage you to find an attorney.

It varies widely. Some cases resolve in a few months; others take several years. Immigration courts across the country are dealing with significant backlogs. Your attorney can give you a more realistic estimate based on which court is handling your case and the nature of your situation.

In some circumstances, yes. If you have a pending asylum application, you may be eligible to apply for an Employment Authorization Document (EAD) after a waiting period. Your eligibility depends on the specifics of your case.

If a family member has been detained by ICE, contact us immediately. We may be able to pursue a bond hearing to request release while the case moves forward, or in situations where the immigration court claims no jurisdiction over bond, we can explore a federal habeas corpus petition in U.S. District Court.

Yes, absolutely. The earlier you have an attorney involved, the more time we have to review your situation, gather evidence, and identify your best options. Waiting until right before your court date limits what can be done.

Talk to an Immigration Court Attorney Today

If you or someone you love is facing immigration court, detention, or deportation — do not wait. Every day matters in immigration cases. Call or message us today to schedule a consultation with Martín O’Hara.