Hundreds of thousands of non-citizens are currently in removal (deportation) proceedings before Immigration Judges in Detroit and across the United States. Immigration proceedings commence with the creation of a legal document called an “NTA” (Notice To Appear), which is a charging document that contains the factual allegations against the non-citizen, giving the reasons why the government believes that the individual is subject to removal from the United States. The governmental opposing party in a United States removal proceeding is DHS (Department of Homeland Security), which is represented by the Office of Chief Counsel for ICE (Immigration and Customs Enforcement).
ICE has the ability (if it wants to) to set an immigration bond for any non-citizen. However, if ICE is not inclined to set an immigration bond, or if the bond is too much for the non-citizen to pay, the non-citizen (if eligible) can petition for release on an Immigration bond if the non-citizen can 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 form of immigration relief. A non-citizen who is subject to what is known as “mandatory detention” generally does not have the ability to request a bond because the Immigration Judge does not have the power to grant an immigration bond. If a immigration bond is ultimately granted, the Immigration Judge cannot set the immigration bond any lower than $1500. Most “arriving aliens” in general don’t have the opportunity to obtain a bond and only have limited abilities to present their case in removal proceedings (such as an asylum seeker who successfully demonstrates a “credible fear”, who thereafter can seek an immigration bond).
During removal proceedings the non-citizen has rights including: the right to retain legal counsel (the government will not provide the non-citizen with a lawyer); 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; 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. These rights generally only mean something if there is an experienced immigration lawyer to represent the non-citizen.
ICE counsel has the initial burden of proof to establish by clear, convincing, and unequivocal evidence that the individual is an alien (not a citizen of the United States) and removable from the United States. If ICE counsel meets this burden of proof after a hearing or by admission, the non-citizen will have the opportunity to petition for certain forms of discretionary relief if he or she is potentially eligible for the same, which may (but does not always) include: adjustment of status, waivers of inadmissibility and removability, cancellation of removal, adjustment of status, asylum, withholding of removal, CAT (Convention Against Torture), legalization and registry. If the non-citizen loses, the non-citizen has the legal right to timely appeal that decision to the BIA (Board of Immigration Appeals), and to timely appeal an adverse ruling of the BIA to the United States Federal Court that has jurisdiction.
If facing removal, the best choice is to hire an experienced, knowledgable, and aggressive immigration attorney to defend you. The immigration attorney, if retained, can help the non-citizen in several ways: to defend the allegations in the NTA, to communicate with the non-citizen (visit in jail, by telephone, meet at the immigration attorney’s office, etc.), to provide sound 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 and present that defense in the most appropriate and compelling way, to appeal any adverse ruling from an Immigration Judge or other Court, etc. Under some circumstances the quality of your immigration defense may make a huge difference in the outcome the non-citizen receives.
When you need a top rated deportation defense, Hilf & Hilf, PLC is the legal team that you need to retain for your immigration case. Hilf & Hilf, PLC have decades of experience handling immigration removal cases, and regularly appear before Immigration Judges in Michigan and other States defending clients. Contact the immigration professionals right now at Hilf & Hilf, PLC to obtain great advice and solid, strategic immigration legal representation.