An unbelievably large amount of non-citizens in Ferndale and throughout the State of Michigan are presently in deportation (removal) proceedings before Immigration Judges in Detroit and other jurisdictions. Immigration deportation proceedings are commenced by a “NTA” (Notice To Appear), which is an immigration document that contains the factual allegations and legal charges concerning the non-citizen’s potential removal from the United States. The DHS (Department of Homeland Security) is the governmental agency with the duty to pursue the non-citizen’s removal from the United States, which is represented by the Office of Chief Counsel for ICE (Immigration and Customs Enforcement) for court related matters.
ICE can decide to allow an Immigration bond in any amount it deems appropriate under the circumstances. However, if ICE’s bond amount is beyond the means of the non-citizen, or if ICE decides to not set a bond at all (ICE is not mandated to set a bond), the non-citizen (if eligible) can motion the Immigration Judge for release on an Immigration bond if the non-citizen can establish the following: that he or she does not pose a danger to a person, that he or she does not pose a danger to property, that he or she is not a threat to national security, that he or she is not a flight risk, and that he or she is eligible for some form of immigration relief. A non-citizen is sometimes not allowed to obtain any amount of an immigration bond because he or she is subject to “mandatory detention” based on one or more serious criminal convictions or suspicion of being a terrorist. Also, non-citizens who are classified as “arriving aliens” generally do not have the ability to obtain an immigration bond from ICE or an Immigration Judge, and only have limited abilities to present their case in removal proceedings (such as a non-citizen seeking asylum who is able to successfully demonstrate a “credible fear” which, thereafter, also allows him or her to seek an immigration bond from an Immigration Judge). In the event that an immigration bond is granted, the minimum immigration bond amount must be at least $1500 (the Immigration Judge has no discretion to go any lower for poverty, humanitarian, or any reason, and even has the discretion to set a higher immigration bond).
The non-citizen has a few important rights that he or she can exercise including: the right to retain legal counsel of his or her choice (there are no public defenders or court appointed lawyers available 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 country of citizenship for assistance; the right to have an interpreter properly translate in Immigration Court; 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.
ICE has the initial burden of proof to establish by clear, convincing, and unequivocal evidence in Immigration Court two issues: that the individual is an alien (someone who is not already a lawfully US citizen and thus not subject to deportation); and is also removable from the United States. If ICE is able to meet their burden of proof as to these two issues, the non-citizen will have the opportunity to timely pursue different forms of discretionary relief, which may (but does not always) include: asylum, withholding of removal, waivers of inadmissibility and removability, CAT (Convention Against Torture), adjustment of status, cancellation of removal, adjustment of status, legalization and registry. If the non-citizen loses their case and is ordered to be removed from the United States, he or she has the opportunity to timely appeal the decision against them to the BIA (Board of Immigration Appeals), and to appeal a bad ruling of the BIA to the United States Federal Court that has proper jurisdiction.
If facing deportation you should definitely not go it alone, because you need to hire the best immigration attorney that you can find to properly defend your case and give you the best chance to win. Your retained immigration attorney is able to immediately act on your behalf to try to successfully defend the information contained in the NTA, to fully communicate with the non-citizen (by telephone, visit in jail, meet at the immigration attorney’s office, etc.), to provide sound legal 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, to present your defense in the most appropriate and compelling way, to appeal any negative ruling from an Immigration Judge or other Court, etc. It is important to remember that your immigration attorney may prove to be the difference from remaining lawfully in the United States and being detained, 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 metro Detroit immigration law firm who is in your corner to lead your removal defense, Hilf & Hilf, PLC is the legal team that you need to contact. The lawyers and paralegals at Hilf & Hilf, PLC have extensive experience inside and outside the courtroom defending removal cases, and our lawyers regularly appear before Immigration Judges in Detroit and other Immigration Courts passionately and aggressively fighting for the best possible outcomes for our clients. Contact Hilf & Hilf, PLC immediately to speak with one of our lawyers about your immigration situation to get the help that you need.