REPRESENTATION
Results You Need.
An unbelievably large number of individuals in the United States are presently in removal (deportation) proceedings before Immigration Judges across the country. Immigration removal proceedings are initiated with the drafting of a document called a “NTA” (Notice To Appear), which is a charging document that contains the factual allegations against the non-citizen and provides the alleged legal basis for the removal (deportation) request. The government agency in charge of removal (deportation) is DHS (Department of Homeland Security), which is represented by the Office of Chief Counsel for ICE (Immigration and Customs Enforcement).
ICE can approve and set an Immigration bond for any non-citizen in any amount it deems appropriate under the circumstances. However, if the bond set by ICE is too high for the non-citizen to post, or if ICE does not set a bond, the non-citizen (if eligible) can petition the Immigration Judge for release on an Immigration bond if the non-citizen can establish the following: 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 form of immigration relief. A non-citizen subject to “mandatory detention” (generally, for certain types of criminal convictions or multiple CIMTs [Crimes Involving Moral Turpitude]) does not have the ability to request a bond because the Immigration Judge does not have the legal ability to order an immigration bond. In the event that an immigration bond is granted by the Immigration Judge, he or she must set the immigration bond at a minimum of $1500 (the Immigration Judge has no discretion to go lower, but has the discretion to set a higher immigration bond).
During removal proceedings the non-citizen has a few rights including: the right to retain legal counsel of his or her choice (there are no public defenders 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 translate in Immigration Court; 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. Most non-citizens who are “arriving aliens” generally do not have a chance of obtaining an immigration bond, and only have limited abilities to present their case in removal proceedings (such as an asylum seeker who successfully demonstrates a “credible fear” which, thereafter, also allows him or her to seek an immigration bond).
The attorney on behalf of ICE in Immigration Court has the initial burden of proof to establish by clear, convincing, and unequivocal evidence that the individual is an alien (not someone who is lawfully a US citizen) and removable from the United States. If the government meets their burden after a hearing before an Immigration Judge or by admission in Immigration Court, the non-citizen will have the opportunity to timely seek certain forms of discretionary relief, which may (but does not always) include: adjustment of status, waivers of inadmissibility and removability, cancellation of removal, adjustment of status, asylum, withholding of removal, CAT (Convention Against Torture), legalization and registry. If the non-citizen loses his or her case in Immigration Court, he or she has the ability to appeal the decision against them to the BIA (Board of Immigration Appeals), and to appeal a bad ruling of the BIA to the United States Federal Court that has jurisdiction.
If facing removal (deportation), you have an urgent need to hire an experienced and diligent immigration attorney. The immigration attorney, if engaged to represent the non-citizen, can assist the non-citizen in the following ways: to defend the information contained in the NTA, to communicate with the non-citizen (by telephone, visit in jail, meet at the immigration attorney’s office, etc.), to provide great 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, to present your defense in the most appropriate and compelling way, to appeal any adverse ruling from an Immigration Judge or other Court, etc. The dedication, experience, and ability of your immigration defense attorney may be the difference from remaining lawfully in the United States and being deported and permanently barred from ever returning to the United States (depending upon the facts and circumstances of the case).
When you need an immigration attorney who is in your corner to help you, Hilf & Hilf, PLC is the legal team to hire to handle your immigration case. The lawyers and paralegals at Hilf & Hilf, PLC have combined decades of experience handling complex immigration matters, and our lawyers regularly appear before Immigration Judges in Detroit and other Immigration Courts defending clients. Contact the immigration experts at Hilf & Hilf, PLC immediately to obtain the immigration advice and help that you need.