An ever increasing number of non-citizens originally from many countries around the world, who now reside in Sterling Heights, are being placed in removal proceedings. These deportation proceedings start with the submission by the US government of a NTA (Notice To Appear), which is a type of immigration document that contains the alleged reasons why the non-citizen is subject to deportation and also provides brief factual allegations in support of deportation. The federal US government agency leading these aggressive efforts to deport non-citizens from the United States is the Department of Homeland Security (DHS), however DHS is represented by the Office of Chief Counsel for Immigration and Customs Enforcement (ICE).
ICE in some (but not all) instances permits an immigration bond from non-citizens facing deportation so that the individual can remain out of jail and in the community while the case is being litigated in Immigration Court. However, if ICE does not want to provide any immigration bond for any reason whatsoever, or if ICE wants to set an immigration bond amount that is outside of the financial ability of the non-citizen to pay, he or she (if eligible) can present a motion to the Immigration Judge for release from custody on an immigration bond if the non-citizen can 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. If the US government alleges that “mandatory detention” applies, this will cause the non-citizen to not receive an immigration bond because ICE will not allow it, and the Immigration Judge does not have the power to grant an immigration bond to someone in that circumstance (the non-citizen can attempt to argue the non-applicability of mandatory detention). “Arriving aliens”are another category of non-citizens that are usually denied any sort or amount of immigration bond, and only have limited chances 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 (despite the objections of ICE) decides in favor of the non-citizen’s request for an immigration bond, the minimum bond amount permitted is $1500 (however, it can be set much higher by the Immigration Judge).
There are a few rights that the non-citizen has, such as: the right to retain an immigration attorney to defend the non-citizen from deportation (it is important to know that deportation cases at Immigration Court are not considered to be criminal in nature, and there is no right to a lawyer paid for by the US government. Criminal cases for being unlawfully present in the United States are handled, federally, at a Federal District Court with jurisdiction, and a court appointed lawyer can be requested or legal counsel can be retained); 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 counsel is responsible for the initial burden to establish to in the Immigration Court handling the case that the non-citizen before the Court is both an alien and deportable by clear, convincing, and unequivocal evidence. If ICE counsel is able to meet this burden (according to the decision of the Immigration Judge assigned to the case), the non-citizen can still seek several types of potentially eligible discretionary relief, which may (but does not always) include: 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. 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 over the matter, as long as the appeal is filed timely.
If facing deportation, the first and most important step is to retain an experienced and dedicated immigration attorney who is looking to protect you and your interests. The immigration attorney is needed for many important reasons, including the need to: defend the non-citizen against the allegation(s) listed in the Notice To Appear, communicate with the non-citizen about all relevant immigration issues (visit in jail, meet at the immigration attorney’s office, by telephone, etc.), to provide strategic and accurate legal advice, to research and present any eligible forms of discretionary relief that may be available on behalf of the non-citizen, to seek a reasonable (low) 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. The worst decision is to have no lawyer or a lawyer that is not competent, because you need the best immigration lawyer that you can find to help you fight against deportation.
The immigration lawyers at Hilf & Hilf, PLC have many years of proven courtroom experience in Immigration Courts in Michigan and elsewhere, vast knowledge of immigration law, and the drive to aggressively oppose the government’s removal efforts. Contact the attorneys at Hilf & Hilf, PLC today to explore your options to defend the government’s efforts to deport you.