An extremely large number of individuals in the United States are presently in removal (deportation) proceedings before Immigration Judges across the country. Immigration proceedings begin with the drafting of a document called a “NTA” (Notice To Appear), which is a charging document that contains the factual allegations against the non-citizen and provides the reasons why the United States government believes that the individual is subject to removal (deportation). The opposing party that the non-citizen faces before an Immigration Judge in removal proceedings is DHS (Department of Homeland Security), which is represented by the Office of Chief Counsel for ICE (Immigration and Customs Enforcement).
ICE, in its own discretion, can approve and set an Immigration bond for any non-citizen in any amount it deems appropriate. However, if ICE does not set a bond, or if the bond set by ICE is too high for the non-citizen to post, the non-citizen (if eligible) can petition the Immigration Judge 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, for certain types of criminal convictions or multiple CIMTs [Crimes Involving Moral Turpitude]) does not have the ability to request a bond because the Immigration Judge does not have jurisdiction over immigration bonds. If a immigration bond is granted by the Immigration Judge, he or she must set the immigration bond at a minimum of $1500 or higher.
During removal proceedings the non-citizen has a few basic and important rights including: the right to retain legal counsel of his or her choice (not at government expense); 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 non-citizens classified as “arriving aliens” generally do not have a chance of obtaining an immigration bond, and only have limited abilities to present their case in removal proceedings (such as an asylum seeker who successfully demonstrates a “credible fear” which also allows him or her at this point to 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 an alien (not someone who is lawfully a US citizen) and removable from the United States. If the government meets the clear and convincing evidence burden after a hearing before an Immigration Judge or by admission in Immigration Court, 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 in Immigration Court, he or she has the ability to appeal the bad decision to the BIA (Board of Immigration Appeals), and to appeal a bad ruling of the BIA to the United States Federal Court that has jurisdiction.
If facing removal (deportation), the best and wisest decision is to hire an aggressive, experienced immigration attorney. The immigration attorney, if hired to represent the non-citizen, can help the non-citizen in the following manners: to defend the information contained in the NTA, to communicate with the non-citizen (visit in jail, meet at the immigration attorney’s office, by telephone, 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 research and litigation ability of your immigration defense attorney may be the difference from remaining lawfully in the United States and being deported and permanently barred from ever returning to the United States (depending upon the facts and circumstances of the case).
When you need an experienced and well prepared defense, Hilf & Hilf, PLC is the legal team to hire to handle your immigration case. The Immigration team at Hilf & Hilf, PLC have decades of experience handling complex immigration deportation matters, and our lawyers regularly appear before Immigration Judges defending clients. Contact the immigration experts at Hilf & Hilf, PLC to obtain a zealous and capable immigration defense.