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An extremely large number of non-citizens in the Grosse Pointe area and Detroit Metro are presently in removal (deportation) proceedings before Immigration Judges. Immigration proceedings in Grosse Pointe and elsewhere commence with the drafting of a “NTA” (Notice To Appear), which is a legal document that contains the factual allegations against the non-citizen and provides the reasons why the United States government believes that the individual is subject to removal (deportation). The opposition in every removal proceedings is DHS (Department of Homeland Security), which is represented by the Office of Chief Counsel for ICE (Immigration and Customs Enforcement). The Detroit Immigration Court is located at P.V. McNamara Federal Building, 477 Michigan Avenue #400, Detroit, Michigan 48226 (near Cass Avenue).
ICE, can deny a bond request or it can approve an immigration bond for any non-citizen in any amount it deems appropriate. However, if ICE elects to deny an immigration bond, or if the bond set by ICE is too high to post, the non-citizen (if eligible) can petition 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 a person or property, 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 subject to “mandatory detention” (generally, for one or more serious criminal convictions) that person does not have the ability to obtain an immigration bond because the Immigration Judge does not have jurisdiction to allow for the same. Most non-citizens classified as “arriving aliens” generally are not allowed to receive an immigration bond, and only have very limited abilities to present their case in removal proceedings (such as an asylum seeker who successfully demonstrates a “credible fear” which, upon this showing, can petition for an immigration bond). If a immigration bond is granted, the Immigration Judge is obligated by law to make the immigration bond amount a minimum of $1500 or higher, despite the fact that the bond amount may prove to be a hardship.
During Immigration Court removal proceedings the non-citizen has a few critical rights that he or she can choose to exercise, including: the right to retain legal counsel of his or her choice (not 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 well and properly translate court proceedings; 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 removable (deportable) is with ICE. If ICE is able to meet this burden after a hearing before an Immigration Judge or by admission in Immigration Court, the non-citizen will have the opportunity to timely petition for several forms of potentially applicable discretionary relief, which may (but does not always) include: adjustment of status, withholding of removal, CAT (Convention Against Torture), legalization and registry, waivers of inadmissibility and removability, cancellation of removal, adjustment of status, and asylum. If the non-citizen loses before the assigned Immigration Judge, he or she has the ability to appeal that decision to the BIA (Board of Immigration Appeals), and to appeal the BIA’s decision to the United States Federal Court that has jurisdiction over the case.
If facing removal (deportation) in an Immigration courtroom, the most prudent decision is to hire a sharp, experienced, hard working immigration lawyer. The immigration lawyer can help the non-citizen in the following manners: to fully defend the information contained in the NTA, to communicate with the non-citizen about all issues (visit in jail, meet at the immigration attorney’s office, by telephone, etc.), to provide sound 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 and present that defense in the most appropriate and compelling way, to appeal any adverse ruling from an Immigration Judge or other Court, etc. The ability of your immigration defense attorney may be the difference from remaining lawfully in the United States and being denied bond, detained, and deported (depending upon the facts and circumstances of the case).
When you need an aggressive immigration defense, Hilf & Hilf, PLC is the metro Detroit area legal team to retain. The immigration team of lawyers and paralegals at Hilf & Hilf, PLC have a lot of experience handling immigration deportation matters, and our lawyers regularly appear before Immigration Judges aggressively defending clients. Contact the immigration experts at Hilf & Hilf, PLC today.