Deportation Lawyer Birmingham MI
Thousands of individuals in the Detroit Metropolitan area are presently in removal (deportation) proceedings before Immigration Judges in Detroit. Immigration proceedings begin with the drafting of a NTA (Notice To Appear), which is a legal document that contains the allegations against the non-citizen and provides the legal reasons why the United States government believes that the individual is subject to removal. In Immigration Court proceedings the opposing party that the non-citizen faces in a removal proceeding is the Department of Homeland Security (DHS), which is represented by the Office of Chief Counsel for Immigration and Customs Enforcement (ICE).
ICE, in its sole discretion, can permit an Immigration bond for any non-citizen in any amount it decides is reasonable. However, if ICE chooses to not allow bond, or if the immigration bond is too expensive for the non-citizen to post, the non-citizen (if eligible) can petition for release on an Immigration bond if the non-citizen can establish that he or she does not pose a danger to a person or property, is not a threat to national security, is not a flight risk, and is eligible for some form of immigration relief. A non-citizen who is subject to "mandatory detention" (generally, for certain types of criminal convictions) does not have the ability to seek bond because the Immigration Judge does not have jurisdiction to allow any form of bond. Also, most non-citizens classified as "arriving aliens" under most circumstances do not have the opportunity to obtain a bond, and only have limited abilities to present their case in removal proceedings (such as an asylum seeker who successfully demonstrates a "credible fear". However, if this "credible fear" determination is met by the asylum seeker, he or she can seek an immigration bond). If a immigration bond is granted under any circumstances, the Immigration Judge has the discretion to set a bond of at least $1500 or higher to allow for the release of the non-citizen.
During removal proceedings the non-citizen has very few legal rights and protections, such as: the right to retain legal counsel; 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; 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. Needless to say, having a great immigration lawyer is essential.
The United States government (ICE) has the initial burden to show by clear, convincing, and unequivocal evidence that the individual is an alien (not a US citizen) and is also removable from the United States. If the government meets the clear and convincing evidence burden, the non-citizen will have the opportunity to petition for certain forms of discretionary relief if he or she is potentially eligible for the same, which may (but does not always) include: adjustment of status, waivers of inadmissibility and removability, cancellation of removal, adjustment of status, asylum, withholding of removal, CAT (Convention Against Torture), legalization and registry. If the non-citizen loses, he or she has the ability to appeal the immigration court decision to the BIA (Board of Immigration Appeals), and to thereafter appeal the BIA to the United States Federal Court that has jurisdiction.
Retain a Top Rated Deportation Attorney near Birmingham Michigan
If facing removal (deportation), the wisest possible decision is to hire a talented, knowledgable and aggressive immigration attorney. The immigration attorney, if hired, can help the non-citizen to defend the information in the NTA, to communicate with the non-citizen (visit in jail, by telephone, meet at the immigration attorney's office, etc.), to provide great advice about possible legal options, to research and present any eligible forms of discretionary relief that may be available, to seek a reasonable bond (if eligible), to prepare the best available defense and present that defense in the most appropriate and compelling way, to appeal any adverse ruling from an Immigration Judge or other Court, etc. Under some circumstances the talent and knowledge of your immigration defense attorney may be the difference from remaining lawfully in the United States and being deported and permanently barred from ever returning to the United States (depending upon the facts and circumstances of the case).
When you need a diligent deportation defense, Hilf & Hilf, PLC is the legal team that you need to handle your immigration removal case. The Immigration attorney at Hilf & Hilf, PLC have decades of experience defending tough immigration deportation matters, and regularly appear before Immigration Judges defending clients in Detroit and elsewhere. Contact the immigration experts today at Hilf & Hilf, PLC to obtain the removal defense that you require.