Deportation Attorney Rochester MI
An unfortunately large number of non-citizens originally from Central America, South America, Mexico, and other countries across the globe are being placed in deportation (removal) proceedings before Detroit Immigration Judges. These deportation proceedings usually commence with the issuance of a Notice To Appear (also called an NTA), which is a legal document that contains the alleged reasons why the United States government believes that the individual is subject to deportation and provides the factual allegations against the non-citizen in support of deportation. The United States agency charged with seeking 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 allow bond for any non-citizen facing removal proceedings so that person can remain out of custody while the case is being decided. However, if ICE denies the bond, or if ICE wants to set a bond that is too much to provide, 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, 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 "mandatory detention" (generally, based upon one or more criminal convictions for offenses that are deemed serious under the law) applies to the non-citizen, then there is no legal ability to obtain an immigration bond because ICE will not allow a bond and the Immigration Judge does not have jurisdiction to grant a bond. "Arriving aliens", as a general rule, are not allowed bond either, and only have narrow legal 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 decides that he or she wants to allow for bond, the minimum bond amount must be at least $1500 according to US law.
The non-citizen has a few basic rights in Immigration Court, deportation proceedings including: the right to retain an immigration lawyer to defend you from deportation (it is important to know that 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.
ICE has the initial burden of proof to establish by clear, convincing, and unequivocal evidence that the individual is both an alien and deportable. If ICE is able to convince the Immigration Judge clear, convincing, and unequivocal evidence of these two things, 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 in Court and also does not obtain any form of discretionary relief from the Court, he or she is free to timely appeal the decisions to the BIA (Board of Immigration Appeals), and free to timely appeal that decision to the United States Federal Court with jurisdiction.
Hire a Top Rated Rochester Michigan Deportation Lawyer to Aggressively Defend You
If facing deportation, your best choice is to immediately hire an experienced local immigration attorney who is looking out for your interests. The immigration attorney can help the non-citizen in many 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 and strategic legal advice, to research and present any eligible forms of discretionary relief that may be available, seeking a reasonable immigration bond (if eligible to receive a bond), preparing the best available removal defense and present that defense in the most compelling and appropriate ways, appealing any adverse ruling from an Immigration Judge, etc. Your choice of immigration lawyer ultimately might prove to be the largest factor in being able remain lawfully in the United States (depending upon the facts and circumstances of your case) and being forcibly removed by the United States government.
When you need to fight against removal from the United States, Hilf & Hilf, PLC is the legal team that you need to take on your case. The lawyers at Hilf & Hilf, PLC have proven deportation defense experience, and appear before Immigration Judges in Detroit on a regular basis trying to protect clients. Contact Hilf & Hilf, PLC today to find the lawyer that is right for your deportation defense.