A growing number of non-citizens originally from many regions around the world (Asia, the Middle East, Central America, etc.), who now reside in Warren Michigan, are being placed in removal (deportation) proceedings by the government. These deportation proceedings start with ICE (the Office of Chief Counsel for Immigration and Customs Enforcement) drafting an NTA (Notice To Appear), which is a type of immigration document that contains the alleged reasons why the non-citizen is subject to removal and also provides brief factual allegations in support of the deportation effort. The government agency leading these aggressive and strong-armed efforts to deport non-citizens from the United States is the Department of Homeland Security (DHS), however DHS is legally represented by ICE.
ICE may (or may not) permit an immigration bond to be posted from non-citizens facing deportation so that he or she can remain free in the community while the case is being litigated in Immigration Court. However, if ICE wants to deny an immigration bond, or if ICE wants to set an immigration bond amount that is far outside of the financial ability of the non-citizen to pay, the non-citizen can (if eligible) submit 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. If the government alleges that the non-citizen listed on the NTA is subject to “mandatory detention”, this will cause the non-citizen to not receive an immigration bond, and will prevent the Immigration Judge from granting an immigration bond (however the non-citizen can attempt to argue to the Immigration Judge the non-applicability of mandatory detention). “Arriving aliens” also are regularly denied an immigration bond, and only have very narrow opportunities to argue their immigration 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 (frequently over the objections of ICE) decides in favor of the non-citizen’s motion for an immigration bond, the minimum bond amount permitted is $1500 (however, it can be set much higher by the Immigration Judge at his or her discretion).
There are a few important rights that the non-citizen has in Immigration Court, such as: the right to hire their choice of an immigration attorney to defend the non-citizen from deportation (deportation cases at Immigration Court are not considered to be criminal in nature, and the law does not provide any right to a lawyer paid for by the US government for immigration cases. On the other hand, criminal cases for being unlawfully present in the United States, etc. are handled, federally, at a Federal District Court with jurisdiction, and a court appointed lawyer can be requested or legal counsel can be retained for criminal cases); 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 counsel is charged with the responsibility to establish, to the Immigration Judge presiding over the case, that the non-citizen before the Court is both an alien and deportable from the United States by clear, convincing, and unequivocal evidence. If ICE counsel is able to meet this initial burden with the Immigration Court hearing the matter, the non-citizen can still timely apply for several types of potentially eligible discretionary relief, which may (but does not always) include: adjustment of status, asylum, cancellation of removal, waivers of inadmissibility and removability, Convention Against Torture (CAT), legalization and registry, withholding of removal, and adjustment of status. The non-citizen is free to appeal any contrary decision or denial from the Immigration Judge to the BIA (Board of Immigration Appeals), and is free to appeal the BIA’s decision to the appropriate United States Federal Court, as long as the appeal is timely and properly filed.
If facing deportation, retaining a dedicated and trusted immigration attorney who is looking to protect you and your interests is a vital first step. It is so important to hire an immigration lawyer immediately for many reasons, including: the need to defend the non-citizen against the allegation(s) listed in the Notice To Appear, the need for the non-citizen to receive advice and information concerning all relevant immigration issues, 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 all costs – is to have no immigration lawyer or a lawyer that is not competent to handle your case, because you need the best immigration lawyer that you can find to properly help you fight against your deportation.
The deportation defense experts at Hilf & Hilf, PLC have many years of Immigration courtroom experience in Michigan and elsewhere, vast and regularly updated knowledge of immigration law, and the guts to oppose the government’s efforts to deport you. Contact the attorneys at Hilf & Hilf, PLC today to receive stellar legal representation from trusted Warren Michigan immigration attorneys.