An unfortunately large number of non-citizens in various communities in Oakland County are being placed in removal (deportation) proceedings before Detroit Immigration Judges. These deportation proceedings usually begin with the crafting of a “NTA” (Notice To Appear), which is a document that contains the alleged statutory reasons why the United States government believes that the individual is subject to removal (deportation) and provides the factual allegations against the non-citizen. The United States agency that empowered to seek removal against non-citizen is DHS (Department of Homeland Security), which is represented by the Office of Chief Counsel for ICE (Immigration and Customs Enforcement).
It is within the sound (or unsound) discretion of ICE to approve or deny a bond request made by any non-citizen facing removal proceedings. However, if ICE wont give a bond, or if the non-citizen does not have the money to post the bond set by ICE, the non-citizen (if eligible) can ask the Immigration Judge for release from custody on an immigration bond if the non-citizen can successfully establish that he or she does not pose a danger to property or a person, is not a threat to national security, is not a flight risk, and is eligible for some potential form of immigration relief. If “mandatory detention” (generally, based upon one or more criminal convictions for offenses that are listed in a Federal statute) applies to the non-citizen, he or she does not have any legal ability to obtain an immigration bond because ICE will not allow a bond and the Immigration Judge does not have jurisdiction to decide that issue. “Arriving aliens”, as a general rule, are not allowed any sort of immigration bond, and only have very limited and narrow abilities to present their case in deportation proceedings (such as an asylum seeker who successfully demonstrates a “credible fear” which, upon this showing, can later petition for an immigration bond). If the non-citizen is able to receive an immigration bond from an Immigration Judge, the Judge is required to order a minimum immigration bond of at least $1500 (or higher), despite the fact that the bond amount may prove to be an extreme hardship for the non-citizen to pay.
The non-citizen has a few rights that he or she can choose to exercise in Immigration Court, including: the right to hire a lawyer to defend against removal (there is no right to a court appointed attorney or other lawyer paid for by the government); 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 for any needed assistance; the right to have an interpreter well and properly translate 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.
The initial burden to establish by clear, convincing, and unequivocal evidence that the individual is an alien (not someone who is lawfully a US citizen) and deportable rests with ICE. If ICE convinces the Immigration Judge that it met this burden of proof, the non-citizen will still can timely petition for several types of potentially eligible discretionary relief, which may (but does not always) include: adjustment of status, waivers of inadmissibility and removability, withholding of removal, Convention Against Torture, legalization and registry, cancellation of removal, adjustment of status, and asylum. If the non-citizen loses and does not obtain any form of discretionary relief, he or she is free to timely appeal the decision to the BIA (Board of Immigration Appeals), and free to timely appeal the BIA’s decision to the United States Federal Court with jurisdiction.
If facing deportation in a Detroit Immigration Court, the best decision is to immediately hire a confident and experienced immigration attorney who has your back. The immigration attorney can assist the non-citizen in many important ways, such as: properly defending the non-citizen against the information contained in the NTA, effectively communicating with the non-citizen about all issues (visit in jail, meet at the immigration attorney’s office, by telephone, etc.), providing sound legal advice, to research and present any eligible forms of discretionary relief that may be available, seeking a reasonable bond (if eligible), preparing the best available defense and present that defense in the most appropriate and compelling way, appealing any adverse ruling from an Immigration Judge, etc. The defense ability of the immigration defense attorney that you hire ultimately might be the largest factor in being able remain lawfully in the United States (depending upon the facts and circumstances of your case) and being removed.
When you need to fight deportation in Detroit, Hilf & Hilf, PLC is the legal team that you need. The attorneys at Hilf & Hilf, PLC have solid experience defending individuals against deportation, and appear before Immigration Judges in Detroit on a regular basis, aggressively and tactfully defending clients in strong opposition to ICE. Contact Hilf & Hilf, PLC today to obtain the strong and comprehensive immigration legal representation that you deserve.