Deportation Attorney Waterford MI
Non-citizens originally from many places around the world (the Middle East, Mexico, Central America, Eastern Europe, etc.), who now reside in Waterford Michigan, are being placed in removal (deportation) proceedings by the government in ever increasing numbers. These deportation proceedings commence with a lawyer for ICE (the Office of Chief Counsel for Immigration and Customs Enforcement) completing an NTA (Notice To Appear), which is a form that contains the alleged legal reasons why the non-citizen is subject to immigration removal proceedings and also provides brief factual allegations in support of the removal effort. The government agency leading these strong-armed, aggressive, and scary tactics to deport non-citizens from the country is the Department of Homeland Security (DHS), however DHS is legally represented by ICE.
ICE may permit (or may outright deny) an immigration bond to be posted from a non-citizen so that he or she can remain outside of custody and remain with his or her family while the removal case is being litigated in Immigration Court. However, if ICE is in opposition to any form of immigration bond, or if ICE wants to set a too expensive immigration bond amount, the non-citizen can (if eligible) submit a motion to the Immigration Judge for release from custody on an immigration bond if the non-citizen can 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 the government alleges that the non-citizen named in the NTA is subject to "mandatory detention", this will likely result in the custodial detention of non-citizen, and will prevent the Immigration Judge from granting any amount of immigration bond. "Arriving aliens" also face custodial detention without an immigration bond, and only have extremely narrow opportunities to argue their immigration 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 Court (despite ICE's vehement and vociferous objections) decides in favor of the non-citizen's request for an immigration bond, the minimum bond amount permitted is by the Immigration Judge $1500 (however, it is in the discretion of the Immigration Judge to set a higher amount).
There are a few important rights that the non-citizen has in Immigration Court, such as: the right to obtain an immigration removal defense attorney of their choice to retain to defend the non-citizen from deportation (removal cases at Immigration Court are not considered to be criminal in nature, and the law does not provide any right to an immigration lawyer paid for by the US government for the non-citizen); 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 government interest outweighs the non-citizen's so called rights).
ICE counsel is charged with the responsibility and the burden to establish that the non-citizen before the Court is both an alien and removable from the United States to their home country by clear, convincing, and unequivocal evidence. If ICE counsel is able to meet this initial burden of proof with the Immigration Judge, the non-citizen can still timely apply for potentially eligible discretionary relief, which may (but does not always) include: adjustment of status, asylum, cancellation of removal, waivers of inadmissibility and removability, Convention Against Torture (CAT), legalization and registry, withholding of removal, and adjustment of status. The non-citizen is free to appeal any bad outcome from the Immigration Court to the BIA (Board of Immigration Appeals), and is free to appeal the BIA's decision against the non-citizen (if the same occurs) to the appropriate United States Federal Court, as long as the appeal is done in a timely and proper manner.
Hire a Highly Rated Deportation Lawyer to Thoroughly Defend You near Waterford Michigan
If facing deportation, engaging the legal services of a dedicated and trusted removal defense attorney is an essential first step. It is so vital to hire an experienced removal defense lawyer right away for many reasons, including: the need to defend the non-citizen against the allegation(s) listed in the Notice To Appear, the need for the non-citizen to receive proper advice and critical information concerning all relevant immigration issues, to research and present any eligible forms of discretionary relief that may be available on behalf of the non-citizen, to seek a low 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.
The removal defense experts at Hilf & Hilf, PLC have many years of experience honing their abilities in Immigration courtrooms in Michigan and elsewhere. Contact the removal defense attorneys at Hilf & Hilf, PLC today to receive well thought out advice and outstanding legal representation from trusted Waterford Michigan area immigration attorneys.