Deportation And Removal Defense Lawyer In San Jose: Fighting For Your Future In The United States
Being placed in removal (deportation) proceedings or learning that a loved one has been detained by Immigration and Customs Enforcement (ICE) can be overwhelming. These situations often create uncertainty for individuals and families who are worried about their future in the United States.
If you have received a Notice to Appear (NTA) or a family member has been taken into ICE custody, it is important to understand that you may have legal options. Immigration court proceedings and detention matters are complex, and obtaining experienced legal guidance as early as possible can make a significant difference in your case.
At Fok Immigration Law, our deportation defense lawyers represent individuals in immigration court proceedings and assist detained individuals and their families in navigating the immigration system. We will explain your options and represent you at each hearing. With offices in San Jose and San Mateo, we represent clients throughout the Bay Area, Silicon Valley and surrounding areas. Nearly all our clients pay a flat fee, so you can call us without facing a per-minute bill.
2026 Bay Area Immigration Court Updates
The San Francisco Immigration Court closed in September 2026, and most of its cases moved to the Concord Immigration Court. Both fall under the Executive Office for Immigration Review (EOIR), the U.S. Department of Justice office that oversees immigration judges across the country. A small number of matters remain at the Sansome Street location in San Francisco, which Concord now supervises.
We guide you through master calendar hearings, where you answer the charges, and individual hearings, where you present evidence. As immigration warriors, we challenge unsupported claims and put your reasons for staying before the judge.
Received a Notice to Appear (NTA)? Here’s What It Means
A Notice to Appear is the document the government uses to begin removal proceedings before an immigration judge. Receiving an NTA does not automatically mean that you will be removed from the United States, but it does mean that your case requires immediate attention.
What is an NTA?
- The government’s charging document outlining the reasons it believes you can be removed from the United States.
- A notice that your case will be heard before an immigration judge.
What should you do?
- Carefully review the notice to confirm that your name, address, and A-Number are correct.
- Take note of any listed hearing date, time, and court location.
- Keep all immigration documents and notices in a safe place.
- Consult with an immigration attorney as soon as possible to understand your options.
When should you contact an attorney?
Early representation allows time to review your immigration history, evaluate potential forms of relief, develop a legal strategy, and prepare for upcoming hearings.
Has a Loved One Been Detained by ICE?
When a family member is taken into ICE custody, prompt action is important. Detained individuals may have potential options to seek release and defend against removal, depending on the circumstances of their case.
What does ICE detention mean?
- The individual is being held in immigration custody while their case is pending.
- The government seeks to remove them from the United States.
- Depending on the circumstances, the individual may be eligible to request release from detention.
What information should you gather?
- The person’s A-Number, if available.
- Full legal name.
- Date of birth.
- Country of birth or citizenship.
- Any information regarding where they may be detained.
When should you contact an attorney?
As soon as possible after learning of the detention. Early intervention may allow an attorney to locate the individual, establish communication, evaluate bond eligibility, and begin preparing any available defenses to removal.
Bond Hearings and Release from ICE Custody
One of the first questions families ask after a loved one has been detained is whether they can be released while their immigration case is pending.
In some cases, a detained individual may qualify for a bond hearing before an immigration judge. During a bond hearing, the judge will consider factors such as the person’s immigration history, criminal record (if any), family ties, and whether they are likely to appear for future court hearings.
Our office can assist with:
- Determining whether a detainee is eligible for a bond hearing.
- Preparing evidence to support release from custody.
- Representing clients at bond hearings before the immigration court.
- Developing a long-term strategy for the underlying immigration case.
Obtaining release from detention can allow individuals to return home to their families, continue working, and prepare their immigration case while outside of custody.
Potential Options To Fight Deportation And Stay In The United States
Every removal case is different. The options available depend on a person’s immigration history, family relationships, length of time in the United States, and many other factors. During a consultation, we carefully review your case to determine whether there is a legal pathway that may allow you to remain in the United States.
Some of the most common options include:
- Protection from Returning to Your Home Country (Asylum): Some individuals may qualify for protection through asylum if they would face persecution, violence, or other serious harm if forced to return to their home country.
- Keeping Families Together (Cancellation of Removal): Certain individuals may be able to ask an immigration judge for permission to remain in the United States based on the hardship that deportation would cause qualifying U.S. citizen or lawful permanent resident family members.
- Applying for a Green Card Through Family: In some situations, a person in removal proceedings may still be eligible to apply for a green card through a qualifying family relationship, even while their case is pending before the immigration court.
- Fixing Past Immigration Problems (Hardship Waivers): Some immigration violations, prior entries, unlawful presence issues, or other obstacles can sometimes be overcome through waivers like Hardship Waivers (Form I-601/Form I-601A) or other forms of relief, depending on the circumstances.
- Other Immigration Options: Additional forms of relief may be available based on a person’s unique circumstances, including humanitarian protections, immigration benefits through family members, or other pathways provided under U.S. immigration law.
You must file for asylum within one year of your last arrival in the U.S., unless an exception applies. Because a missed deadline can rule out this defense, we check your dates as soon as you contact us.
How We Help
Removal proceedings can be complicated, but you do not have to navigate the process alone. Our deportation defense lawyers work closely with clients and their families to evaluate their options, prepare applications and supporting evidence, represent them before the immigration court, and advocate for the strongest possible outcome.
Whether you have recently received a Notice to Appear or a loved one is currently in ICE custody, we are here to help you understand your rights and explore every available option.
Your Questions About Removal
Deportation cases raise practical concerns right away. Clients most often ask about the ones below in our first conversation.
What should I do if I receive a Notice to Appear?
Confirm your hearing date and speak with a deportation defense attorney at Fok Immigration Law. The written notice is the official source, and EOIR’s online case system also shows updates. Missing your court date can lead to a removal order.
Can I work while I am in removal proceedings?
Yes, if you have valid work authorization. You may qualify for a permit through a pending asylum, cancellation of removal or green card application, and the rules and waiting periods differ for each.
Speak With Fok Immigration Law Today
Our deportation defense attorneys draw on more than 25 years of combined immigration experience to tailor your defense. Staff members speak English, Chinese and Spanish.
For a free, confidential case evaluation, call our San Jose office at 408-212-7014 or our San Mateo office at 650-546-7020 today. We represent people throughout Silicon Valley and the Bay Area.