An extremely large number of individuals in the Detroit Metro area are presently in removal (deportation) proceedings before Immigration Judges. Immigration proceedings in Detroit and elsewhere begin with the drafting of a document called a “NTA” (Notice To Appear), which is a legal 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 opposition that the non-citizen faces in removal proceedings is DHS (Department of Homeland Security), which is represented by the Office of Chief Counsel for ICE (Immigration and Customs Enforcement). In Detroit, the Immigration Court is located at P.V. McNamara Federal Building, 477 Michigan Avenue #400, Detroit, Michigan 48226.
ICE, in its own sound (or unsound) discretion, can approve and set an immigration bond for any non-citizen in any amount it deems appropriate. However, if ICE elects to not set an immigration 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 from custody 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 potential 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 obtain an immigration bond because the Immigration Judge does not have jurisdiction to allow for the same. If a immigration bond is granted, the Immigration Judge is obligated by law to make the immigration bond amount a minimum of $1500 or higher.
During Immigration Court removal proceedings the non-citizen has a few basic rights that he or she can exercise, 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 are not allowed to receive an immigration bond, and only have very limited abilities to present their case in removal proceedings (such as an asylum seeker who successfully demonstrates a “credible fear” which, upon this showing, can petition for an immigration bond).
ICE has the initial burden to establish by clear, convincing, and unequivocal evidence that the individual is an alien (not someone who is lawfully a US citizen) and removable (deportable). If ICE meets this burden after a hearing before an Immigration Judge or by admission in Immigration Court, the non-citizen will have the opportunity to petition for several forms of potentially applicable discretionary relief, 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 before his or her Immigration Judge, he or she has the ability to appeal the bad 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 over the case.
If facing removal (deportation) in a Detroit Immigration courtroom, the best and wisest decision is to hire a smart, experienced, hard working immigration attorney. The immigration attorney, if retained by or on behalf of the non-citizen, can help the non-citizen in the following manners: to defend the information contained in the NTA, to fully communicate with the non-citizen about all issues (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 courtroom ability of your immigration defense attorney may be the difference from remaining lawfully in the United States and being detained and deported (depending upon the facts and circumstances of the case).
When you need a thoughtful, zealous, and aggressive immigration defense, Hilf & Hilf, PLC is the legal team to retain to handle your immigration case. The immigration team of lawyers and paralegals at Hilf & Hilf, PLC have decades of experience handling complex immigration deportation matters, and our lawyers regularly appear before Immigration Judges defending clients in Detroit. Contact the immigration experts at Hilf & Hilf, PLC today to obtain the type of immigration defense that you need concerning your removal proceedings.