Countless aliens in the United States are presently in removal (deportation) proceedings before Immigration Judges in Michigan and other States. Immigration removal (deportation) proceedings start with the drafting of a NTA (Notice To Appear), which is a document that contains the allegations against the non-citizen and the reasons why the United States government believes that the individual is subject to removal (deportation). In Immigration Court the opposing party that the alien faces in a removal (deportation) proceeding is DHS (Department of Homeland Security), which is represented in Immigration Court by the Office of Chief Counsel for ICE (Immigration and Customs Enforcement).
ICE, in its own discretion, can determine an Immigration Bond for any alien in any amount it decides. However, if ICE elects to set no Immigration Bond amount, or if the Immigration Bond is set too high for the non-citizen to post, the alien (if eligible) can petition for release on an Immigration Bond if the alien 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. An alien who is subject to “mandatory detention” (generally, for multiple or certain types of serious criminal convictions) does not have the ability to request a bond because the Immigration Judge does not have jurisdiction to set an Immigration Bond. If a Immigration Bond is approved in Court, the Immigration Judge has the discretion to set the bond amount (although, it has to be a minimum of $1500 or higher).
During removal proceedings the alien has a few basic rights and protections under United States Immigration Law 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. Most aliens classified as “arriving aliens” generally do not have the opportunity to obtain any bond (meaning, they remain in custody until the Immigration Judge decides otherwise, or until they are deported), and only have limited abilities to present their case in removal proceedings (such as an asylum seeker who successfully demonstrates a “credible fear”. If “credible fear” is successfully established by the asylum seeker, he or she can at that point seek an immigration bond in order to be released from custody).
The United States government (ICE) has the initial burden of proof to establish by clear, convincing, and unequivocal evidence that the individual is not a US citizen and deportable from the United States. If the United States government meets this burden of proof after a hearing or by admission, the alien 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 alien loses in Immigration Court, he or she has the ability to appeal the Immigration Judge’s 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 wise and prudent decision is to hire an knowledgable, experienced, and aggressive immigration attorney. The immigration lawyer, if hired, can help the alien in the following manners to defend the allegations contained 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 preparedness and diligence of your immigration defense lawyer may be the difference from remaining lawfully in the United States and being deported to your home country and permanently barred from ever returning to the United States (depending upon the facts and circumstances of the case).
When you need an experienced, passionate, and zealous deportation defense, Hilf & Hilf, PLC is the legal team that you need to handle your immigration case. Hilf & Hilf, PLC has decades of experience handling complex immigration deportation matters, and its lawyers regularly appear before Immigration Judges defending clients. Contact the immigration experts at Hilf & Hilf, PLC to obtain the necessary and proper immigration representation for your case.