Deportation Attorney Southeast MI
A number of non-citizens originally from countries across the globe, who now reside in Michigan, are being placed in deportation (removal) proceedings. These deportation proceedings usually go forward shortly after the completion of a Notice To Appear (also called an NTA) by the government, 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 charged with the responsibility of removing people from the United States 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 an immigration bond for any non-citizen facing deportation so that he or she can remain out of jail while the case is being litigated. However, if ICE does not want to provide an immigration bond, or if ICE wants to set an immigration bond amount that is too much for the non-citizen to produce, the non-citizen (if eligible) can present a motion to 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, then the non-citizen has no legal ability to receive an immigration bond because ICE will not allow it, and the Immigration Judge does not have jurisdiction to grant an immigration bond. "Arriving aliens"generally are not allowed to post an immigration bond, and only have narrow opportunities 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 the non-citizen and sets an immigration bond, the minimum bond amount the Immigration Judge must be at least $1500 according to US law (the Immigration Judge is allowed to go much higher).
In removal proceedings the non-citizen has a few rights, such as: the right to retain an immigration attorney to defend the non-citizen from deportation (it is important to know that, unlike criminal cases, 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 that the individual is both an alien and deportable by clear, convincing, and unequivocal evidence. If ICE is able to convince the assigned Immigration Judge, the non-citizen can still seek several types of potentially eligible discretionary relief, which may (but does not always) include: adjustment of status, Convention Against Torture (CAT), legalization and registry, asylum cancellation of removal, waivers of inadmissibility and removability, withholding of removal, and adjustment of status. If the non-citizen loses their case and also does not obtain any type of discretionary relief, he or she is free to appeal the adverse decisions to the BIA (Board of Immigration Appeals), and free to appeal that decision to the United States Federal Court with jurisdiction.
Hire a Michigan Deportation Lawyer to Aggressively Defend You
If facing deportation, you immediately need to hire an experienced and zealous local immigration attorney who is looking to protect you and your interests. The immigration attorney is needed to: properly defend the non-citizen against the allegation stated in the NTA, properly and accurately communicate with the non-citizen about all immigration 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. It is important to consider that 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 to your country of citizenship.
When you need to fight deportation from the United States, don't hesitate. The immigration lawyers at Hilf & Hilf, PLC have many years of proven experience, and regularly appear before Immigration Judges in Detroit opposing the government's removal efforts. Contact Hilf & Hilf, PLC today, to find your immigration lawyer and to prepare your removal defense.