An unfortunate number of people in the Detroit Metro area are presently in removal (deportation) proceedings before Immigration Judges. Immigration proceedings in Detroit and other States begin 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 alleged reasons why the government believes that the individual is subject to removal (deportation). The opposition party to the non-citizen is DHS (Department of Homeland Security), which is represented bn Immigration Court by the Office of Chief Counsel for ICE (Immigration and Customs Enforcement). For removal proceedings for Detroit filed cases, the Immigration Court is located at P.V. McNamara Federal Building, 477 Michigan Avenue #400, Detroit, Michigan 48226.
ICE has the ability approve and set an immigration bond for any non-citizen in any amount it deems fit. However, if ICE does not set an immigration bond, or if the bond set by ICE is too expensive for the non-citizen to afford, the non-citizen (if eligible) can petition the Immigration Judge for 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 potential form of immigration relief. Whenever a non-citizen is subject to “mandatory detention” (generally, for certain types of criminal convictions or multiple CIMTs [Crimes Involving Moral Turpitude]) he or she does not have the ability to obtain an immigration bond because the Immigration Judge does not have jurisdiction to set an immigration bond. If a immigration bond is granted, the Immigration Judge is obligated under United States immigration law to make the non-citizen post an immigration bond of $1500 or higher.
During removal proceedings in Immigration Court the non-citizen has basic rights that he or she can choose to exercise, including: the right to retain 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; 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. Non-citizens that are “arriving aliens” in most instances are not allowed to receive an immigration bond, and only have very narrow 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).
The attorney for ICE has the initial burden to establish by clear, convincing, and unequivocal evidence that the alleged non-citizen is an alien (not someone who is lawfully a US citizen) and removable (deportable). If the attorney for ICE is able to meet this burden after a hearing before an Immigration Judge or by admission in Immigration Court, the non-citizen will have the opportunity to petition for several forms of potentially applicable discretionary relief, 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, he or she has the ability to appeal the decision in favor of ICE to the BIA (Board of Immigration Appeals), and to appeal an adverse ruling of the BIA to the United States Federal Court that has jurisdiction over the case.
If facing removal (deportation) before an Immigration Judge in Detroit, the best and wisest course of action is to hire a smart and experienced immigration attorney. If the immigration attorney is retained by or on behalf of the non-citizen, he or she can help the non-citizen in the following manners: to defend the information contained in the NTA, to fully communicate with the non-citizen about all issues (visit in jail, meet at the immigration attorney’s office, by telephone, etc.), to provide great 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 capability of your immigration defense lawyer may be the difference from remaining lawfully here and being detained and deported from the United States (depending upon the facts and circumstances of the case).
When you need the right immigration defense team, Hilf & Hilf, PLC is who you need to contact. The immigration team of lawyers and paralegals at Hilf & Hilf, PLC have vast experience of successfully handling complex immigration deportation matters, and our lawyers regularly appear before Immigration Judges defending clients in Detroit. Contact the immigration specialists at Hilf & Hilf, PLC today to fight your removal proceedings.