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A huge number of non-citizens originally from many regions around the world (the Middle East, Asia, South America, Central America, etc.), who now reside in Warren Michigan, are being placed in removal (deportation) proceedings by the government. These deportation proceedings start with ICE (the Office of Chief Counsel for Immigration and Customs Enforcement) completing an NTA (Notice To Appear), which is a form that contains the alleged reasons why the non-citizen is subject to immigration removal proceedings and also provides brief factual allegations in support of the removal effort. The government agency leading these strong-armed tactics to deport non-citizens from the country is the Department of Homeland Security (DHS), however DHS is legally represented by ICE.
ICE may (or may not) permit an immigration bond to be posted from non-citizens facing deportation so that he or she can remain outside of custody and remain with his or her family while the case is being litigated in Immigration Court. However, if ICE opposes any form of immigration bond, or if ICE wants to set an expensive immigration bond amount, the non-citizen can (if eligible) submit 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 government makes an allegation that the non-citizen listed on the NTA is subject to “mandatory detention”, this will often result in the non-citizen not being able to receive an immigration bond, and will prevent the Immigration Judge from granting the same (however the non-citizen can attempt to argue to the Immigration Judge the non-applicability of mandatory detention). “Arriving aliens” also face denial of an immigration bond, and only have rather narrow opportunities to argue their immigration 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 Court (despite the vociferous objections of ICE) decides in favor of the non-citizen’s motion for an immigration bond, the minimum bond amount permitted is $1500 (however, it is in the discretion of the Immigration Judge to set a higher amount).
There are a few important rights that the non-citizen has in Immigration Court, such as: the right to retain their choice of an immigration removal defense attorney to defend the non-citizen from deportation (removal cases at Immigration Court are not considered to be criminal in nature, and the law does not provide any right to a lawyer paid for by the US government for the non-citizen. However, criminal cases related to being unlawfully present in the United States are handled at a Federal District Courts with jurisdiction, and a court appointed lawyer can be requested at public expense or legal counsel can be retained for all criminal cases); 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 (the government interest outweighs the non-citizen’s so called rights).
ICE counsel is charged with the responsibility and the burden to establish that the non-citizen before the Court is both an alien and deportable from the United States by clear, convincing, and unequivocal evidence. If ICE counsel is able to meet this initial burden with the Immigration Court, the non-citizen can still timely apply for several types of potentially eligible discretionary relief, which may (but does not always) include: adjustment of status, asylum, cancellation of removal, waivers of inadmissibility and removability, Convention Against Torture (CAT), legalization and registry, withholding of removal, and adjustment of status. The non-citizen is free to appeal any negative decision or outright denial from the Immigration Court to the BIA (Board of Immigration Appeals), and is free to appeal the BIA’s decision to the appropriate United States Federal Court, as long as the appeal is done in a timely and proper manner.
If facing deportation, engaging the legal services of a dedicated and trusted removal defense attorney who is looking to protect you and your interests is an essential first step. It is so important to hire an experienced removal defense lawyer immediately for many reasons, including: the need to defend the non-citizen against the allegation(s) listed in the Notice To Appear, the need for the non-citizen to receive advice and information concerning all relevant immigration issues, to research and present any eligible forms of discretionary relief that may be available on behalf of the non-citizen, to seek a 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. A decision that you should avoid at all costs – is to have no removal defense lawyer or a lawyer that is not competent to handle your removal defense, because you need the best removal defense lawyer that you can possibly find to properly help you fight against your deportation.
The removal defense experts at Hilf & Hilf, PLC have many years of Immigration courtroom experience in Michigan and elsewhere, vast and regularly updated knowledge of removal defense law, and the guts to fully oppose the government’s efforts to deport you. Contact the removal defense attorneys at Hilf & Hilf, PLC today to receive outstanding legal representation from trusted Warren Michigan area immigration attorneys.