What are My Options If I Have a Deportation Case?

If you or a loved one is facing deportation, the process can feel scary and overwhelming. It is important to know your options and where to get legal help. 

This guide provides basic information about what to expect in a deportation case, your options for fighting your case and staying in the United States, and how to find legal support. 

The information in this article is basic, and if you or a loved one has a deportation case, you should talk to a lawyer.

Fighting your deportation case can be very complicated. There is free and low-cost legal help available in Oregon. Read about how to find immigration legal help here. 

What will happen at my first immigration court hearing?

In a typical deportation case, your first hearing in front of a judge is called a "master calendar hearing."

When you were first arrested by ICE or told that you had a deportation case, you were probably given a document called a "Notice to Appear." That document has important information on it. Most (but not all) Notices to Appear will have the date, time, and location of your hearing, along with the immigration charges against you. 

It is very important that you go to your "master calendar hearing." If you don't go, the judge is likely to order you be deported. 

When you go to your hearing, you can have an interpreter who speaks your language translate what is said. At the hearing, the judge will:

• Tell you what your rights and responsibilities are 
• Explain what immigration law or laws you are charged with violating 
• Ask you to respond to each charge
• Ask you if you want to apply to remain in the United States

It is important that you hear and understand everything the judge says. If you have trouble hearing or understanding the judge or the interpreter or don't know how to answer a question, you should tell the judge.

What if I don't know when or where my hearing is?

If you do not have your Notice to Appear, or if your Notice to Appear does not include the information about your first hearing, you have a couple of options. 

To get your hearing information, you will want your "A number." Your "A number" is printed on your Notice to Appear or other documents or letters from immigration. It will start with the letter "A" followed by 8 or 9 digits. It usually looks like A123-456-789. If you don't know your "A number," you should contact the immigration court or call the immigration court hotline listed below and speak with an operator.   

Even if you think you know when and where your hearing is, you should always double-check the time, date, and location to be sure. 

How to confirm your hearing information

• Call the immigration court hotline at 1-800-898-7180.
• Look up your hearing information online.
• Call the court where your hearing is scheduled. You can look up the phone number for your court here.

How can I apply to remain in the United States?

At your first hearing, called a "master calendar hearing," you can tell the judge that you want to try to stay in the United States. You can do this by asking to "apply for relief." If you are successful, you may be able to end your deportation case. In some cases, you may also get legal status in the United States. 

Types of "relief" that you can apply for include:

• Asylum: A protection that allows you to stay in the United States if you are afraid of being harmed in your home country because of your race, religion, political opinion, nationality, or social status
• Cancellation of Removal: A way to stop deportation and stay in the United States if you meet certain requirements, like having lived here for a long time and proving that your deportation would cause hardship to your family
• Adjustment of status: A process that lets you apply for a type of legal immigration status called "lawful permanent residency" while staying in the United States

Applying for relief generally includes filling out immigration paperwork and presenting your case to a judge at an immigration court hearing. A lawyer for ICE may argue against your case at that hearing.  

You should talk to a lawyer to find out if you might qualify for "relief" from deportation. You may also ask a lawyer whether you have some other option to stop your deportation case or get legal status in the United States.  

If you haven't been able to meet with a lawyer before your master calendar hearing, it's ok. At the hearing, you can ask the judge for more time to talk to a lawyer before applying for relief. 

Do I need a lawyer?

In immigration court, the government will not give you a free lawyer if you can’t afford one. If you do not have a lawyer, the case can still go forward, and you could be ordered deported. 

Having a lawyer makes it much more likely that you will be able to stay in the United States. Immigration law is complicated, and the rules are strict. 

How can I get help with my case?

If you live in Oregon and can’t afford a lawyer, there are free and low-cost legal services available. 

You may be able to get free legal help and representation through Equity Corps of Oregon (ECO).

• Call their call center at 1-888-274-7292.
• Sign up online using this link. 

Search our Referral Database for other free or low-cost legal services. 

If you have money to hire a lawyer, contact Oregon’s Lawyer Referral Service for help finding one.
 

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