Deportation Attorney Pontiac MI
An unfortunately large number of non-citizens originally from Mexico, El Salvador, Honduras, and other countries are being placed in deportation (removal) proceedings before Detroit Immigration Judges. These deportation proceedings usually begin with a Notice To Appear (also called an NTA), which is a document that contains the alleged reasons why the United States government believes that the individual is subject to deportation and provides factual allegations against the non-citizen to support the deportation. The United States agency with the legal authority to seek removal against non-citizen is the Department of Homeland Security (DHS), which is represented by the Office of Chief Counsel for Immigration and Customs Enforcement (ICE).
ICE has the power to approve a bond request made by any non-citizen facing removal proceedings in order to remain out of custody while the case is being decided. However, if ICE denies the bond request, or if ICE wants to set a bond that is too high, the non-citizen (if eligible) can ask the Immigration Judge for release from custody on an immigration bond if the non-citizen can successfully establish that he or she does not pose a danger to property or a person, is not a threat to national security, is not a flight risk, and is eligible for some potential form of immigration relief. If "mandatory detention" (generally, based upon one or more criminal convictions for offenses that are listed in under federal law) applies to the non-citizen, he or she does not have any legal ability to obtain an immigration bond because ICE will not allow a bond and the Immigration Judge does not have jurisdiction to even decide that issue. "Arriving aliens", as a general rule, are not allowed an immigration bond, and only have extremely narrow abilities to present their 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 Judge sets an immigration bond, the minimum bond amount must be at least $1500, and can be even higher, despite the fact that the bond amount may prove to be a large hardship to post.
The non-citizen has a few standard rights that he or she can choose to exercise in Immigration Court, including: the right to hire an attorney to defend against deportation from the United States (there is no right to a public defender or other lawyer paid for by the government); 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 initial burden of proof that is required to establish by clear, convincing, and unequivocal evidence that the individual is an alien (not someone who is lawfully a US citizen) and deportable rests with ICE. If ICE is able to convince the Immigration Judge that this burden of proof is met, the non-citizen can still timely petition for several types of potentially eligible discretionary relief, which may (but does not always) include: adjustment of status, waivers of inadmissibility and removability, withholding of removal, Convention Against Torture (CAT), legalization and registry, asylum cancellation of removal, and adjustment of status. If the non-citizen loses at the immigration trial court level and does not obtain any form of discretionary relief, he or she is free to timely appeal the deportation decision to the BIA (Board of Immigration Appeals), and free to timely appeal the BIA's decision to the United States Federal Court with jurisdiction.
Retain a Top Rated Pontiac Deportation Lawyer to Aggressively Defend You
If facing deportation, the best decision is to immediately hire an experienced local immigration attorney looking out for your interests. The immigration attorney can help the non-citizen in many vital ways, such as: properly defending the non-citizen against the information contained in the NTA, properly communicating with the non-citizen about all issues (visit in jail, meet at the immigration attorney's office, by telephone, etc.), providing sound legal advice, to research and present any eligible forms of discretionary relief that may be available, seeking a reasonable bond (if eligible to receive a bond), preparing the best available defense and present that defense in the most compelling and appropriate ways, appealing any adverse ruling from an Immigration Judge, etc. The litigation ability and knowledge of the immigration defense attorney that you hire ultimately might be the largest factor in being able remain lawfully in the United States (depending upon the facts and circumstances of your case) and being aggressively removed by the United States government.
When you need to fight against deportation, Hilf & Hilf, PLC is the legal team that you need to take on the United States government. The lawyers at Hilf & Hilf, PLC have proven experience zealously defending individuals against deportation, and appear before Immigration Judges in Detroit on a regular basis defending clients in strong opposition of the NTA. Contact Hilf & Hilf, PLC today to find the strong and smart immigration defense that you deserve.