An increasing number of non-citizens originally from countries across the globe who now reside in Michigan are being placed in deportation (removal) proceedings by the US government. These deportation proceedings usually go proceed shortly after the government is alerted of the non-citizens alleged illegal presence, or by the alleged commission of a crime or crimes, with the issuance of a Notice To Appear (also called an NTA) by the government. The NTA is a legal document that contains the alleged reasons why the person is subject to deportation and also provides brief factual allegations against the non-citizen in support of deportation. The United States agency who is charged with the enforcement of removing persons from the US is the Department of Homeland Security (DHS), however the DHS is represented by the Office of Chief Counsel for Immigration and Customs Enforcement (ICE) in Immigration Court.
In some instances ICE will provide an immigration bond for a non-citizen facing deportation so that he or she can remain out of jail while the case is being litigated. However, if ICE wants to set an immigration bond amount that is too much for the non-citizen to produce, or does not want to allow any amount of bond, the non-citizen (if eligible) can present a motion to 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, does not pose a danger to any person, is not a threat to national security, is not a flight risk, and is eligible for some potential form of immigration relief. However, if “mandatory detention” applies to the non-citizen, then he or she has no legal ability to receive an immigration bond. “Arriving aliens”generally are also not allowed to receive an immigration bond, and only have limited and narrow opportunities to present their case in deportation proceedings (such as a person seeking asylum who successfully demonstrates a “credible fear” which, upon this showing, can later petition for an immigration bond). If the Immigration Judge decides to allow bond, amount the Immigration Judge must set cannot be less than $1500 according to US law (the Immigration Judge is allowed to go much higher in his or her discretion).
In removal proceedings the non-citizen has a few rights, such as: the right to retain an immigration attorney to defend the non-citizen from deportation (it is important to know that immigration law is different than criminal law and there is no right to a lawyer paid for by the US government, even though the immigration penalty may be worse); 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.
ICE has the initial burden to prove that the individual before the Immigration Court is both an alien and deportable by clear, convincing, and unequivocal evidence. If ICE is able to convince the assigned Immigration Judge that this burden is met, the non-citizen can still apply for several types of discretionary relief which potentially may be available (depending upon the facts and circumstances of the case and the non-citizen’s background). These forms of discretionary relief may (but does not always) include the following: adjustment of status, Convention Against Torture (CAT), legalization and registry, asylum cancellation of removal, waivers of inadmissibility and removability, withholding of removal, and adjustment of status. If the non-citizen is free to appeal any adverse decisions to the BIA (Board of Immigration Appeals), and free to appeal that decision to the United States Federal Court with jurisdiction if done in a timely manner.
If facing deportation, your first step is to hire a zealous, experienced, and aggressive immigration attorney who is looking to protect you and your interests. The immigration attorney is needed for several reasons: to properly defend the non-citizen against the allegation stated in the NTA, to properly and accurately communicate with the non-citizen about all immigration issues (visit in jail, meet at the immigration attorney’s office, by telephone, etc.), to provide sound and strategic legal advice, to research and present any eligible forms of discretionary relief that may be available, seeking a reasonable immigration bond (if eligible to receive a bond), to prepare the best available removal defense and present that defense in the most compelling and appropriate ways, to appeal any adverse ruling from an Immigration Judge, etc. Bear in mind that the lawyer you decide to hire might potentially be the largest factor in being able remain lawfully in the United States (depending upon the facts and circumstances of your case) and being deported by the United States government to your country of citizenship.
When you need to fight deportation from the United States, do not delay because time is of the essence. The immigration lawyers at Hilf & Hilf, PLC regularly appear before Immigration Judges in Detroit opposing the government’s removal efforts, and have proven experience in this field of practice. Contact Hilf & Hilf, PLC today and speak with one of our lawyers about the immigration issue that you or a loved one is facing.