An unbelievably large number of individuals in the Grand Rapids area are presently in removal (deportation) proceedings before Immigration Judges in Detroit. Immigration removal proceedings are initiated with the preparation of a “NTA” (Notice To Appear), which is a legal document that contains the factual allegations and charges against the non-citizen concerning his or her removal. The government agency that seeks the non-citizen’s removal (deportation) is DHS (Department of Homeland Security), which is represented by the Office of Chief Counsel for ICE (Immigration and Customs Enforcement).
ICE can allow an Immigration bond for any non-citizen in any amount it determines appropriate under the circumstances. However, if the bond set by ICE is too expensive for the non-citizen to post, or if ICE does not set a bond (ICE is not mandated to set a bond), the non-citizen (if eligible) can petition 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 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 is sometimes not allowed to obtain a bond even from an Immigration Judge because he or she is subject to “mandatory detention” (generally, for certain types of criminal convictions or multiple CIMTs [Crimes Involving Moral Turpitude]). Also, non-citizens who are so called “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 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). In the event that an immigration bond is granted, the minimum bond must be at least $1500 (the Immigration Judge has no discretion to go lower, but has the discretion to set a higher immigration bond).
During removal proceedings the non-citizen has a few rights including: the right to retain legal counsel of his or her choice (there are no court appointed attorneys 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 home country; 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. To effectively defend a removal case, you need to hire experienced legal representation, such as Hilf & Hilf, PLC.
The attorney appearing on behalf of ICE has the initial burden of proof to establish to the Immigration Judge 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 attorney appearing on behalf of ICE meets their burden after a hearing or by admission of the alien in Immigration Court, the non-citizen will have the opportunity to timely pursue discretionary relief, which may (but does not always) include: asylum, withholding of removal, CAT (Convention Against Torture), adjustment of status, waivers of inadmissibility and removability, cancellation of removal, adjustment of status, legalization and registry. If the non-citizen loses their case, he or she has the opportunity to timely appeal the decision against them 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 removal (deportation), you have an immediate need to hire the best immigration attorney that you can find. The immigration attorney, if retained to defend the non-citizen, is able to try to successfully defend the information contained in the NTA, to communicate with the non-citizen (by telephone, 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, to present your defense in the most appropriate and compelling way, to appeal any adverse ruling from an Immigration Judge or other Court, etc. Your selection of the right immigration removal 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 immigration attorney who is in your corner to help you with your removal defense, Hilf & Hilf, PLC is the legal team that you need to contact. The lawyers and paralegals at Hilf & Hilf, PLC have combined decades of experience defending deportation cases, and our lawyers regularly appear before Immigration Judges in Detroit and other Immigration Courts fighting for our clients. Contact Hilf & Hilf, PLC immediately to obtain the removal defense advice and help that you need.