Hundreds of thousands of individuals are currently in removal (deportation) proceedings before Immigration Judges across the United States. Immigration proceedings commence with the creation of a NTA (Notice To Appear), which is a charging document that states the factual allegations against the non-citizen, providing the reasons why the government believes that the individual is subject to removal from the United States. In Immigration Court the opposing party in a removal proceeding is DHS (Department of Homeland Security), which is represented by the Office of Chief Counsel for ICE (Immigration and Customs Enforcement).
ICE has the ability to set an Immigration bond for any non-citizen. However, if ICE does not set a bond, or if the bond is too high, the non-citizen (if eligible) can petition for release on an Immigration bond if the non-citizen can establish that he or she does not pose a danger to a person or property, is not a threat to national security, is not a flight risk, and is eligible for some form of immigration relief. A non-citizen who is subject to “mandatory detention” generally does not have the ability to request a bond. If a immigration bond is granted, the Immigration Judge has the discretion to set the amount, however the amount cannot be lower than $1500.
During removal proceedings the non-citizen has a number of important rights including: the right to retain legal counsel; the right to be provided with a list of available non-profit legal services; the right to contact the consulate for his or her home country; the right to have an interpreter; due process rights (to examine evidence against the alien, to present evidence, cross examine witnesses, etc.) except to the extent that it involves national security information. It is important to note that most “arriving aliens” generally do not have the opportunity to obtain a bond and only have limited abilities to present their case in removal proceedings (such as an asylum seeker who successfully demonstrates a “credible fear”. If this determination is successfully made by the asylum seeker, he or she can thereafter seek a bond).
The government has the initial burden of proof to establish by clear, convincing, and unequivocal evidence that the individual is an alien and removable from the United States. If the government meets this burden after a hearing or by admission, the non-citizen will have the opportunity to petition for certain forms of discretionary relief if he or she is potentially eligible for the same, which may (but does not always) include: adjustment of status, waivers of inadmissibility and removability, cancellation of removal, adjustment of status, asylum, withholding of removal, CAT (Convention Against Torture), legalization and registry. If the non-citizen loses the immigration case, they have the ability to appeal that decision to the BIA (Board of Immigration Appeals), and to appeal an adverse ruling of the BIA to the United States Federal Court that has jurisdiction.
If facing deportation, the best possible decision is to hire an experienced, knowledgable, and aggressive immigration lawyer. The immigration lawyer, if retained, can help the non-citizen if the following ways: to defend the information in the NTA, to communicate with the non-citizen (visit in jail, meet at the immigration attorney’s office, etc.), to provide great advice about possible legal options, to research and present any eligible forms of discretionary relief that may be available, to seek a reasonable bond (if eligible), to prepare the best available defense and present that defense in the most appropriate and compelling way, to appeal any adverse ruling from an Immigration Judge or other Court, etc. Under some circumstances the quality of your immigration defense may be the difference from remaining lawfully in the United States and being deported and permanently barred from ever returning (depending upon the facts and circumstances of the case).
When you need an experienced deportation defense, Hilf & Hilf, PLC is the legal team that you need to handle your immigration case. The Immigration attorney at Hilf & Hilf, PLC have decades of experience handling complex immigration matters, and regularly appear before Immigration Judges in Michigan and other States defending clients. Contact the immigration experts at Hilf & Hilf, PLC to obtain great advice and solid, strategic immigration legal representation.