An unbelievably large amount of non-citizens in the Grand Rapids area are presently in deportation (removal) proceedings before Immigration Judges in Detroit and other jurisdictions. Immigration removal proceedings are initiated with the filing of an “NTA” (Notice To Appear), which is a legal charging document that contains the factual allegations and legal basis concerning the con-citizen’s deportation. The DHS (Department of Homeland Security) is the governmental agency that seeks the non-citizen’s deportation, which is represented by the Office of Chief Counsel for ICE (Immigration and Customs Enforcement).
ICE can determine and allow the payment of an Immigration bond for any non-citizen in any amount it deems appropriate under the circumstances. However, if ICE’s bond amount is too expensive for the non-citizen to post, or if ICE decides to not set a bond (ICE is not mandated to set a bond), the non-citizen (if eligible) can petition the Immigration Judge for release on an immigration bond if the non-citizen can establish the following: 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 is sometimes not allowed to obtain because he or she is subject to something called “mandatory detention” (generally, for certain types of criminal convictions or multiple CIMTs [Crimes Involving Moral Turpitude]). Also, non-citizens who are “arriving aliens” generally do not have a chance of obtaining an immigration bond from ICE or an Immigration Judge, and only have limited abilities to present their case in removal proceedings (such as a non-citizen seeking asylum who is able to successfully demonstrate a “credible fear” which, thereafter, also allows him or her to seek an immigration bond). In the event that an immigration bond is granted for any reason whatsoever, the minimum immigration bond must be at least $1500 (the Immigration Judge has no discretion to go lower, but has the discretion to set a higher immigration bond).
During deportation court proceedings the non-citizen has a few important rights including: the right to retain legal counsel of his or her choice (there are no court appointed attorneys or public defenders available 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 properly translate in Immigration Court; 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 of proof to establish by clear, convincing, and unequivocal evidence to the assigned Immigration Judge that the individual is an alien (not someone who is lawfully a US citizen) and is also removable from the United States. If ICE meets this burden, the non-citizen will have the opportunity to timely pursue different forms of discretionary relief, which may (but does not always) include: asylum, withholding of removal, CAT (Convention Against Torture), adjustment of status, waivers of inadmissibility and removability, cancellation of removal, adjustment of status, legalization and registry. If the non-citizen loses their case and is ordered to be deported, he or she has the opportunity to timely appeal the decision against them 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.
If facing deportation you have an immediate and urgent need to hire the best immigration attorney that you can find to defend your case. The immigration attorney, if retained, is able to act on your behalf to try to successfully defend the information contained in the NTA, to fully communicate with the non-citizen (by telephone, visit in jail, meet at the immigration attorney’s office, etc.), to provide sound legal 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, to present your defense in the most appropriate and compelling way, to appeal any negative ruling from an Immigration Judge or other Court, etc. Your selection of a removal defense attorney may prove to be the difference from remaining lawfully in the United States and being deported and permanently barred from ever returning to the United States (depending upon the facts and circumstances of the case).
When you need a top rated immigration law firm who is in your corner to lead your removal defense, Hilf & Hilf, PLC is the legal team that you need to contact. The lawyers and paralegals at Hilf & Hilf, PLC have vast experience defending deportation cases, and our lawyers regularly appear before Immigration Judges in Detroit and other Immigration Courts fighting for the best possible outcomes for our clients. Contact Hilf & Hilf, PLC immediately to start your deportation defense right away.