Deportation Attorney Royal Oak MI
An enormous number of non-citizens originally from Honduras, Guatemala, Mexico, and other countries across the globe are being placed in deportation (removal) proceedings before Detroit Immigration Judges. These deportation proceedings usually proceed shortly after the issuance of a Notice To Appear (also called an NTA), which is a legal document that contains the alleged reasons why the person is subject to deportation and also provides brief factual allegations against the non-citizen in support of deportation. The United States agency that is ultimately in charge of removal is the Department of Homeland Security (DHS), however DHS is represented by the Office of Chief Counsel for Immigration and Customs Enforcement (ICE) in Immigration Court.
ICE can allow for bond for any non-citizen facing removal proceedings so that person can remain out of custody while the case is being contested in Immigration Court. However, if ICE will not permit an immigration bond, or if ICE wants to set a bond amount that is too much for the non-citizen 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" 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"generally are not allowed an immigration bond of any amount 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 in favor of an immigration bond, the minimum bond amount must be at least $1500 according to US law.
In removal proceedings the non-citizen has a few basic rights 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 lawyer paid for by the US 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 to establish clear, convincing, and unequivocal evidence that the individual is both an alien and deportable. If ICE is able to convince the Immigration Judge that clear, convincing, and unequivocal evidence exists, the non-citizen can still 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 before the assigned Immigration Judge and also does not obtain any form of discretionary relief, he or she is free to appeal the decisions to the BIA (Board of Immigration Appeals), and free to appeal that decision to the United States Federal Court with jurisdiction.
Hire a Royal Oak Michigan Deportation Lawyer to Aggressively Defend You
If facing deportation, your priority should be to immediately hire an experienced and zealous local immigration attorney who is looking out for your interests. The immigration attorney is needed to: properly defend the non-citizen against the information contained in the NTA, properly communicate with the non-citizen about all issues (visit in jail, meet at the immigration attorney's office, by telephone, etc.), to provide 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), 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. Ultimately the lawyer you decide to hire 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 and returned to your country of citizenship.
When you need to fight deportation from the United States, Hilf & Hilf, PLC is the trusted legal team that you need. The lawyers at Hilf & Hilf, PLC have many years of proven deportation defense experience, and regularly appear before Immigration Judges in Detroit opposing the government. Contact Hilf & Hilf, PLC today, to find trusted legal representation for your removal defense in Detroit Immigration Court.