When a Notice to Appear or ask document initiates removal proceedings, speedy and organized action dramatically improves a correspondent chance of get relief. California respondents face a pattern of local court practices, work constraints, and move enforcement priorities — but the fundamentals of strong removal defense are consistent: early triage, clear case theory, timely applications or motions, and crystal evidence. Early triage means verify identity and immigration history (A-number, prior entries, prior filings), get full copies of the ask document and any prior Department of Homeland Security and ICE files, recognize potential relief (asylum, removal, adjustment, waivers, stop , CAT).
Removal Defense in California — Next Steps for Respondents & Counsel
By Brian D. Lerner — Practical intake procedures, common defenses, and evidence checklists for removal cases in California immigration courts.
Common defenses & filing triggers
| Defense | When to consider / trigger | Key evidence |
|---|---|---|
| Asylum | Client fears return because of persecution based on race, religion, nationality, political opinion, or particular social group; credible fear interview or affirmative filing. | Detailed declaration, country-conditions reports, corroborating witness statements, police/hospital records. |
| Cancellation of Removal (Non-LPR) | Lengthy continuous presence, substantial family hardship to qualifying relatives; strict statutory limits apply. | Work history, school records for children, medical records, affidavits showing hardship and family ties. |
| Adjustment of Status | Eligible immediate relative with approved I-130 or concurrent eligibility while in proceedings. | I-130 approval, proof of admissibility, employment/tax records, evidence of lawful entry if required. |
| Waivers (I-601 / I-601A) | Inadmissibility grounds that can be waived where extreme hardship to a qualifying relative exists. | Financial records, medical documentation, affidavits showing extreme hardship to U.S. citizen/LPR relatives. |
| Withholding / CAT | Risk of torture or persecution demonstrating a clear probability of harm if returned. | Medical/psych evaluations, country condition evidence, expert declarations. |
Evidence & intake checklist for counsel
- Client identifiers: full legal name, aliases, A-number, DOB, country of birth, current contact and preferred language.
- Copy of NTA / charging document, any DHS/ICE custody records, prior immigration filings, and adjudication receipts.
- Criminal history: arrest reports, charging documents, disposition records, probation paperwork (certified where necessary).
- Family evidence: birth/marriage certificates, school enrollment, employment letters, tax returns, and proof of financial dependence.
- Medical and psychological records supporting hardship or trauma claims; request records early (hospitals, clinics).
- Witness affidavits with contact details, interpreter needs, and corroborating documents (photos, messages, contracts).
- Timeline of residence, travel history, and any prior removals or deportation orders.
Frequently asked questions
What is the first thing I should do after getting a Notice to Appear (NTA)?
Contact experienced immigration counsel immediately, obtain a full copy of the NTA and any DHS files, and begin assembling identity and family documents. Early counsel can request continuances, file essential applications, or move to administratively close depending on case facts.
Can filing an application like asylum stop my removal?
Filing an application does not automatically halt removal but can create legal bases to request relief or procedural protections. Each remedy (asylum, cancellation, adjustment) has specific eligibility and timing rules; counsel should advise about the likely path and deadlines.
Should I disclose prior convictions to my attorney?
Yes — full disclosure is essential. Many convictions affect eligibility and require strategic planning (waivers, mitigation, or separate motions). Hiding prior history can be fatal to a defense.
How should I prepare witnesses?
Prepare witnesses with a clear timeline, practice direct testimony, ensure interpreter availability, collect sworn affidavits, and provide exhibit lists in advance where local rules require them.
Where can I find pro bono or low-cost help in California?
Local legal aid organizations, law-school clinics, immigrant defense projects, and state bar referral services provide pro bono or sliding-scale assistance. Check your county’s legal aid directories or contact statewide immigrant defense networks for referrals.