An ever increasing number of non-citizens originally from many countries across the globe, who now reside in Sterling Heights, are being placed in removal proceedings. These deportation proceedings start with the submission of a NTA (Notice To Appear) by the federal government, which is an immigration document that contains the alleged reasons why the non-citizen is subject to deportation and also provides brief factual allegations in support of deportation. The federal US government agency that heads efforts to deport non-citizens from the United States is the Department of Homeland Security (DHS), however DHS is represented by the Office of Chief Counsel for Immigration and Customs Enforcement (ICE).
ICE in some instances permits an immigration bond from non-citizens facing deportation so that the individual can remain out of jail while the case is being litigated in Immigration Court. However, if ICE does not want to provide any type of immigration bond, or if ICE wants to set an immigration bond amount that is outside of the financial ability of the non-citizen, he or she (if eligible) can present a motion to 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 property, does not pose a danger to any person, is not a threat to national security, is not a flight risk, and is eligible for some potential form of immigration relief. The applicability of “mandatory detention” will cause the non-citizen to not receive an immigration bond because ICE will not allow it, and the Immigration Judge does not have the power to grant an immigration bond to someone in that circumstance. “Arriving aliens”generally are usually denied any sort or amount of immigration bond, and only have limited chances to present their case in deportation proceedings (such as a person seeking asylum who successfully demonstrates a “credible fear” which, upon this showing, can later petition for an immigration bond). If the Immigration Judge decides in favor of the non-citizen’s request for an immigration bond, the minimum bond amount permitted is $1500 (however, it can be set much higher by the Immigration Judge).
There are a few rights that the non-citizen has, such as: the right to retain an immigration attorney to defend the non-citizen from deportation (it is important to know that deportation cases at Immigration Court are not considered criminal cases, and there is no right to a lawyer paid for by the US government. Criminal cases are handled, federally, at a Federal District Court with jurisdiction); 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 to translate the court proceedings for the non-citizen; 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 to establish to in the Immigration Court handling the case that the non-citizen before the Court is both an alien and deportable by clear, convincing, and unequivocal evidence. If ICE meets this burden (in the opinion of the Immigration Judge assigned to the case), the non-citizen can still seek several types of potentially eligible discretionary relief, which may (but does not always) include: adjustment of status, Convention Against Torture (CAT), legalization and registry, asylum cancellation of removal, waivers of inadmissibility and removability, withholding of removal, and adjustment of status. The non-citizen is free to appeal any adverse decisions to the BIA (Board of Immigration Appeals), and free to appeal that decision to the United States Federal Court with jurisdiction over the matter, as long as the appeal is filed timely.
If facing deportation, your first concern should be to hire an experienced and dedicated immigration attorney who is looking to protect you and your interests. The immigration attorney is needed for many important reasons, including the need to: defend the non-citizen against the allegation or allegations stated in the NTA, communicate with the non-citizen about all relevant immigration issues (visit in jail, meet at the immigration attorney’s office, by telephone, etc.), to provide strategic and accurate legal advice, to research and present any eligible forms of discretionary relief that may be available, seeking a reasonable immigration bond (if eligible to receive a bond), to prepare the best available removal defense and present that defense in the most compelling and appropriate ways, to appeal any adverse ruling from an Immigration Judge, etc. When it comes to defending a removal petition, it is a critically bad decision to decide not to have a lawyer – you need the best immigration lawyer that you can find to help you when facing deportation.
The immigration lawyers at Hilf & Hilf, PLC have many years of proven courtroom experience, vast knowledge of immigration law and the drive to passionately oppose the government’s removal efforts. Contact the attorneys at Hilf & Hilf, PLC today, to obtain the removal defense help that you need.