A growing number of non-citizens in Oakland County are presently in removal (deportation) proceedings before Immigration Judges in Detroit. Immigration proceedings for people that live in Lake Orion and elsewhere commence with the drafting of 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 opposing party to every non-citizen in every removal proceedings is DHS (Department of Homeland Security), which is represented by the Office of Chief Counsel for ICE (Immigration and Customs Enforcement).
ICE, can approve a bond request or it can deny bond request made by any non-citizen. However, if ICE choose to deny the ability to post 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 successfully 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. If the non-citizen is subject to “mandatory detention” (generally, for one or more serious criminal convictions that are provided by Federal statute) that person does not have the ability to obtain an immigration bond because the Immigration Judge does not have jurisdiction to allow for the same. Most non-citizens classified as “arriving aliens” generally are not allowed to have a bond for their immigration case, 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). If the non-citizen is fortunate enough to receive an immigration bond, the Immigration Judge is obligated to set the bond amount of at least $1500 or higher, despite the fact that the bond amount may prove to be a hardship.
The non-citizen has a few core rights that he or she can choose to exercise in Immigration Court, including: the right to engage the services of 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 well and properly translate court proceedings; 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.
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) rests with the lawyer for ICE. If this burden is met by ICE after a hearing before an Immigration Judge or by admission in Immigration Court by the non-citizen and/or legal counsel, the non-citizen will have the opportunity to timely petition for several forms of potentially eligible discretionary relief, which may (but does not always) include: adjustment of status, withholding of removal, CAT (Convention Against Torture), legalization and registry, waivers of inadmissibility and removability, cancellation of removal, adjustment of status, and asylum. If the non-citizen loses before the assigned Immigration Judge, he or she can appeal that decision to the BIA (Board of Immigration Appeals), and to appeal the BIA’s decision (if adverse) to the United States Federal Court that has jurisdiction over the case.
If facing removal (deportation) before an Immigration Judge, the most prudent and wise decision is to hire a sharp, experienced, and confident immigration lawyer. The immigration lawyer can help the non-citizen in the following ways: to fully and properly defend the information contained in the NTA, to effectively communicate with the non-citizen about all issues (visit in jail, meet at the immigration attorney’s office, by telephone, etc.), to provide sound legal advice, 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. The litigation and research ability of your immigration defense attorney ultimately be the largest difference in being able remain lawfully in the United States (depending upon the facts and circumstances of your case).
When you need a strong and experienced deportation defense, Hilf & Hilf, PLC is the legal team that you need to contact to handle your immigration case. The attorneys at Hilf & Hilf, PLC have decades of experience defending deportation matters, and regularly appear before Immigration Judges in Detroit defending clients. Contact the immigration experts at Hilf & Hilf, PLC to obtain proper and persistent removal defense representation.