REPRESENTATION
Results You Need.
An unbelievably large number of non-citizens in the city of Farmington and the State of Michigan are presently in deportation (removal) proceedings before Detroit Immigration Judges and in other jurisdictions. Immigration deportation proceedings are initiated with the completion of a “NTA” (Notice To Appear), which is a document that contains the factual allegations and legal charges concerning the non-citizen’s potential removal. The DHS (Department of Homeland Security) is the governmental agency that seeks the non-citizen’s deportation from the United States, and it is represented in this effort by the Office of Chief Counsel for ICE (Immigration and Customs Enforcement).
ICE can allow the payment of an Immigration bond for any non-citizen in any amount it deems appropriate for the case. However, if ICE’s bond amount is too expensive for the non-citizen to post, or if ICE decides to not set a bond at all (ICE is not mandated to 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, that he or she does not pose a danger to property, that he or she is not a threat to national security, that he or she is not a flight risk, and that he or she is eligible for some form of immigration relief. A non-citizen is sometimes not permitted to obtain an immigration bond because of the applicability of “mandatory detention” (generally, for certain types of criminal convictions and/or multiple CIMTs [Crimes Involving Moral Turpitude]). There are other circumstances in which a non-citizen may not get an immigration bond, such, as non-citizens who are classified as “arriving aliens”. “Arriving aliens” also only have limited abilities to present their case in removal proceedings (such as a non-citizen seeking asylum who is able to successfully demonstrate a “credible fear” which, thereafter, also allows him or her to seek an immigration bond). In the event that an immigration bond is granted, the minimum immigration bond must be at least $1500 (the Immigration Judge has no discretion to go any lower for any reason – even humanitarian grounds – but has the discretion to set a higher immigration bond).
During removal proceedings the non-citizen has a few key rights including: the right to hire an immigration attorney of his or her choice to provide legal representation (there are no public defenders or court appointed lawyers available 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 country of citizenship; the right to have an interpreter properly 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.
ICE has the initial burden to establish clear, convincing, and unequivocal evidence in Immigration Court that the individual charged in the NTA is an alien (someone who is not already a lawfully US citizen) and is also removable from the United States. If ICE is able to meet their burden of proof, the non-citizen will have the opportunity to timely pursue different forms of discretionary immigration relief, which may (but does not always) include: asylum, withholding of removal, CAT (Convention Against Torture), adjustment of status, , adjustment of status, waivers of inadmissibility and removability, cancellation of removal, legalization and registry. If the non-citizen loses their immigration case and is ordered removed from the United States, he or she has the opportunity 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 proper jurisdiction, as long as the appeal is filed timely.
If facing deportation do not go it alone, because the stakes are too high and you need to hire the best immigration attorney that you can find to defend your case to give you the best chance to win. The immigration attorney, if hired to represent you, is able to immediately work on your behalf to try to defend the allegations contained in the NTA, to fully communicate with the non-citizen (by telephone, visit in jail, meet at the immigration attorney’s office, etc.) to answer client questions and concerns, to provide sound legal 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 negative ruling from an Immigration Judge or other Court, etc. The retention of an experienced and passionate immigration attorney may prove to be the difference from remaining lawfully in the United States and being detained, deported, and permanently barred from ever returning to the United States (depending upon the facts and circumstances of the case).
When you need a talented and knowledgable immigration law firm who is on your side to lead your removal defense, Hilf & Hilf, PLC is the legal team that you need to contact. The lawyers and paralegals at Hilf & Hilf, PLC have vast experience in preparing and defending removal cases, and our lawyers regularly appear before Immigration Judges in Detroit and other Immigration Courts aggressively fighting for the best possible results for our clients. Contact Hilf & Hilf, PLC today to speak with one of our lawyers about any questions you have and your removal defense.