Deportation Attorney Southfield MI
A growing number of non-citizens originally from many countries across the globe, who now reside in Southfield, are being placed in deportation (removal) proceedings. These deportation proceedings start shortly after the completion of a NTA (Notice To Appear) by the federal 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 federal agency with the responsibility of deporting 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).
ICE can permit the posting of an immigration bond from non-citizens facing deportation so that the individual can remain out of jail while the case is being litigated. However, if ICE does not want to offer an immigration bond, or if ICE wants to set an immigration bond amount that is too expensive, 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 cannot receive an immigration bond because ICE will not allow it, and the Immigration Judge does not have the authority to grant an immigration bond. "Arriving aliens"generally are not permitted to post an immigration bond, and only have limited chances 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 against ICE concerning the denial of an immigration bond and in favor of the non-citizen, the minimum bond amount permitted is $1500 (however, it can be set much higher).
There are a few rights that the non-citizen has, 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 to the assigned Immigration Judge that the individual is both an alien and deportable by clear, convincing, and unequivocal evidence. If ICE is able to meet this burden, 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 over the matter.
Hire a Deportation Lawyer to Aggressively Defend You in Southfield Michigan
If facing deportation, you immediately need to hire an experienced, zealous, and compassionate immigration attorney who is looking to protect you and your interests. The immigration attorney is needed to: defend the non-citizen against the allegation or allegations stated in the NTA, accurately and fully 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. When it comes to defending a removal petition, do not go it alone - you need the best immigration lawyer that you can find to help you.
The immigration lawyers at Hilf & Hilf, PLC have many years of proven experience, vast knowledge concerning removal defense, and have regularly appeared before Immigration Judges opposing the government's removal efforts. Contact Hilf & Hilf, PLC today, to schedule a consultation to discuss your, or a loved one's, removal case.