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A good number of non-citizens in the Grosse Pointe area are presently in removal (deportation) proceedings before Immigration Judges in Detroit and elsewhere. Immigration proceedings in Grosse Pointe and elsewhere start 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 legal reasons for United States government’s position that the individual is subject to removal (deportation). The opposition against you 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, where removal proceedings area heard, is located at P.V. McNamara Federal Building, 477 Michigan Avenue #400, Detroit, Michigan 48226 (near Cass Avenue).
ICE, can deny or approve an immigration bond for any non-citizen for discretionary reasons. However, if ICE will not allow an immigration bond, or if the bond set by ICE is too high to post, the non-citizen (if eligible) can motion 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, this is based upon one or more serious criminal convictions) that non-citizen does not have the ability to obtain an immigration bond because the Immigration Judge does not have jurisdiction to allow for the same. If a immigration bond is granted, the Immigration Judge is required under immigration regulations 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 limited rights that he or she can choose to exercise, including: the right to hire 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 for help; 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. Most non-citizens classified as “arriving aliens” generally are not entitled to 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 afterward petition for an immigration bond).
The initial burden of proof to show 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 the attorney for ICE. If ICE is able to meet this burden after a hearing before an Immigration Judge or by admission by the non-citizen (or his or her lawyer) in Immigration Court, the non-citizen will have the opportunity to 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 his or her case before the assigned Immigration Judge, he or she has the ability to appeal that adverse decision to the BIA (Board of Immigration Appeals), and to appeal the BIA’s adverse decision to the United States Federal Court that has jurisdiction over the case.
If facing removal (deportation) in an Immigration courtroom, the wise choice for the non-citizen is to hire a sharp, experienced, hard working immigration lawyer. The immigration lawyer can offer significant help the non-citizen in the following manners: to fully defend the information contained in the NTA, to effectively communicate with the non-citizen about all issues (visit in jail, meet at the immigration attorney’s office, by telephone, etc.), to provide strong 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 preparedness and litigation talent of your immigration defense attorney may be the difference from remaining lawfully in the United States and being denied bond, detained, and/or deported (depending upon the facts and circumstances of the case).
When you need a strong immigration defense due to removal proceedings, 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 in defense of deportation, and our lawyers regularly appear before Immigration Judges zealously defending clients. The time is now to contact the immigration experts at Hilf & Hilf, PLC for your case evaluation.