An expanding number of non-citizens originally from many countries around the world (China, India, Mexico, Poland, etc.), who now reside in Troy Michigan, are being placed in removal (deportation) proceedings by the US government. These deportation proceedings commence with the presentation by an attorney for ICE (the Office of Chief Counsel for Immigration and Customs Enforcement) of a NTA (Notice To Appear), which is an immigration document that contains the alleged reasons why the non-citizen may be subject to deportation and also provides brief factual allegations in support of deportation. The federal US government agency which zealously administers removal proceedings to deport non-citizens from the United States is the Department of Homeland Security (DHS), however DHS is legally represented by ICE.
ICE can (but more and more frequently chooses not to) permit an immigration bond from non-citizens facing deportation so that the individual can remain free in the community while the case is being litigated in Immigration Court. However, if ICE does not want to allow bond to the non-citizen, or if ICE wants to set an immigration bond amount that is well outside of the financial ability of the non-citizen to pay to gain release, he or she (if eligible) can submit a motion to the Immigration Judge for release from custody on an immigration bond. The non-citizen, in the bond motion, is required to 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. If the US government alleges that the non-citizen listed in the NTA is subject to “mandatory detention”, this will cause the non-citizen to not receive an immigration bond of any amount 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. The non-citizen, through immigration counsel, can attempt to argue that mandatory detention does not apply. “Arriving aliens” are another classification of non-citizens that are also not allowed to obtain an an immigration bond, and only have narrow opportunities to argue 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 Court (over the usual objections of the attorney for ICE) decides in favor of the non-citizen’s request for an immigration bond, the Immigration Judge is not currently allowed to go below $1500 (fifteen hundred dollars), and is permitted to set the bond in a much higher amount despite any hardship that it might pose.
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 (US law for Immigration Court cases do not allow for public funds for the appointment of court appointed counsel for the non-citizen, so finding a lawyer is the non-citizen’s responsibility); the right to be provided with a list of available non-profit legal services; the right to contact the consulate for the non-citizen’s 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 counsel will try to establish in Immigration Court that the non-citizen before the Immigration Judge is both an alien and deportable by clear, convincing, and unequivocal evidence. If ICE counsel is able to establish this burden with the Immigration Judge hearing the matter, the non-citizen can still apply for several types of potentially eligible discretionary relief in a timely manner, 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 allowed to appeal any denial or decision in favor of ICE to the BIA (Board of Immigration Appeals), and the non-citizen is free to appeal the BIA’s decision to the United States Federal Court with jurisdiction over the matter, as long as the appeal is properly and timely filed.
If facing removal from the US, retaining the right immigration attorney who is aggressively looking to protect you and your interests is a critical first step. The immigration attorney is so critical for many important reasons, including: the need to defend the non-citizen against the allegation(s) contained in the Notice To Appear, the need for the non-citizen to receive advice and information concerning all relevant immigration issues and options, to research and present any eligible forms of discretionary relief that may be available on behalf of the non-citizen, to seek a reasonable (low) 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. A decision that you should avoid at any and all costs – is to have no lawyer or a lawyer that is not competent. You need the best immigration lawyer that you can locate to help you fight against your deportation.
The removal defense lawyers at Hilf & Hilf, PLC have many years of essential courtroom experience in Immigration Courts in Michigan and other jurisdictions, vast and updated knowledge of immigration law, and the guts to oppose the government’s efforts to deport you. The office for the removal defense lawyers at Hilf & Hilf, PLC is located at 3155 W Big Beaver Rd #123 in the city of Troy, Michigan 48084. Contact the lawyers at Hilf & Hilf, PLC today to receive great immigration advice and a stellar removal defense from trusted and recommended Troy Michigan immigration lawyers.