An unfortunately large number of non-citizens in Pontiac originally from Mexico, Central America, and other places around the world are being placed in deportation (removal) proceedings before Detroit Immigration Judges. These deportation proceedings usually proceed after a Notice To Appear (also called an NTA) is served. A NTA is a document that contains the reasons why the US government believes that the individual is subject to deportation and also provides factual allegations against the non-citizen to support the deportation. The US agency which seeks removal of non-citizens is the Department of Homeland Security (DHS), which is represented by the Office of Chief Counsel for Immigration and Customs Enforcement (ICE).
Many people do not know that ICE has the power to approve a bond request made by any non-citizen facing removal proceedings in order to remain out of custody while the case is being decided. However, if ICE denies any sort of bond, or if ICE set a bond in an amount that’s too high, 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 the non-citizen is facing “mandatory detention” (generally, based upon one or more criminal convictions for offenses that are listed in under federal law), there is no legal ability for the non-citizen to obtain an immigration bond because ICE will not allow a bond and the Immigration Judge does not have jurisdiction to even decide that issue. “Arriving aliens”, as a general rule, are not allowed an immigration bond in any amount, and only have rather narrow abilities to present their case in deportation proceedings (such as a person petitioning for asylum who successfully demonstrates a “credible fear” which, upon this showing, can later petition for an immigration bond). If the Immigration Judge is compassionate enough to set an immigration bond, the minimum bond amount must be at least $1500 (fifteen hundred dollars), and can be set even higher, despite the fact that the bond amount may prove to be a large hardship to post.
The non-citizen has a few standard rights in Immigration Court, including: the right to hire an attorney to defend against deportation from the United States (there is no right to a lawyer paid for by the government, such as a public defender or a court appointed 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 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.
The initial burden of proof in immigration removal proceedings rests with ICE to establish by clear, convincing, and unequivocal evidence that the individual is an alien (not someone who is lawfully a US citizen). If ICE is able to convince the Immigration Judge of this, the non-citizen can still 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 (CAT), legalization and registry, asylum cancellation of removal, and adjustment of status. If the non-citizen loses at an individual hearing before an Immigration Judge and does not obtain any form of discretionary relief from the Immigration Court, he or she is free to timely appeal the deportation 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 you are facing deportation, the best choice for your situation is to immediately hire an experienced local immigration attorney who is looking out for your interests. The immigration attorney can help the non-citizen in many vital ways, such as: properly communicating with the non-citizen about all issues (visit in jail, meet at the immigration attorney’s office, by telephone, etc.), properly defending the non-citizen against the allegations and statement of law in the NTA, providing sound legal advice, to research and present any eligible forms of discretionary relief that may be available, seeking a reasonable bond (if eligible to receive a bond), preparing the best available defense and present that defense in the most compelling and appropriate ways, appealing any adverse ruling from an Immigration Judge, etc. Your decision of your immigration defense attorney might be the largest factor in being able to successfully present your case in Court and being forced to leave the US.
When you need to fight against deportation, Hilf & Hilf, PLC is the legal team that you need to take on the power and resources of the United States government. The lawyers at Hilf & Hilf, PLC have may years of proven experience zealously defending individuals against deportation, and appear before Immigration Judges on a regular basis defending clients in strong opposition of the NTA. Contact Hilf & Hilf, PLC today to discuss your situation concerning deportation today.