Deportation Lawyer Bloomfield Hills MI
Numerous non-citizens in the United States are currently in removal (deportation) proceedings before Immigration Judges in the Detroit Metropolitan area and other jurisdictions. Immigration removal (deportation) proceedings commence with the preparation of a NTA (Notice To Appear), which is a legal document that contains the immigration related allegations against the non-citizen and the reasons why the United States government believes that the individual is subject to removal (deportation). In Immigration Court the non-citizen battles against the DHS (Department of Homeland Security), which is represented in Immigration Court by the Office of Chief Counsel for ICE (Immigration and Customs Enforcement).
ICE can make its own immigration bond determination for any non-citizen to allow his or her release from custody. However, if ICE does not want to set an immigration bond, or if the immigration bond is set in an amount that is too expensive for the non-citizen to post, the non-citizen (if eligible) can seek release on an immigration bond from the assigned Immigration Judge if the alien 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 serious criminal convictions) does not have the ability to seek bond from an Immigration Judge because the Immigration Judge does not have the authority to issue an immigration bond. Most non-citizens that are deemed to be "arriving aliens" generally do not have the opportunity to receive an immigration bond (meaning, they remain in custody until the Immigration Judge decides otherwise, or until they are deported), and only have limited abilities to present their case in removal proceedings (such as an asylum seeker who successfully demonstrates a "credible fear", who can seek bond once that determination is made in his or her favor). If a immigration bond is allowed by an Immigration Judge for any reason, it has to be a minimum of $1500 or higher under guidelines which the Immigration Judge must follow.
During deportation court proceedings the non-citizen has a few basic protections, including: the right to hire legal counsel (there are no public defenders at the government's expense); 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. The limited protections that a non-citizen has only have value if proper legal representation is received.
The government through ICE counsel has the initial burden of proof to establish by clear, convincing, and unequivocal evidence that the person in removal proceedings is not a US citizen and deportable from the United States. If the United States government is able to meet this burden of proof, the non-citizen will have the opportunity to seek 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 alien loses, he or she has the ability to appeal the decision of the Immigration Judge to the BIA (Board of Immigration Appeals), and to thereafter appeal an affirmation of the Immigration Judge by the BIA to the United States Federal Court that has jurisdiction.
Retain Deportation Defense Attorney near Bloomfield Hills, Michigan To Fight Your Removal
If facing deportation, the obvious decision is to hire a well versed and aggressive immigration attorney to fight on your behalf. The immigration lawyer, if hired to defend you, can help in the following manners: to defend the allegations listed in the NTA, to effectively communicate with the non-citizen (visit in jail, meet at the immigration attorney's office, etc.), to provide great advice about legal options which may be available, to research and present any eligible forms of discretionary relief, to seek a reasonable bond (if eligible), to prepare the best available defense, to present the best available 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 ability of your immigration defense lawyer to provide effective representation may be the difference from remaining lawfully in the United States and being deported to your home country and permanently barred from ever returning to the United States (depending upon the facts and circumstances of the case).
When you need a passionate and proper deportation defense, Hilf & Hilf, PLC is the legal team that you need to retain. Hilf & Hilf, PLC has decades of combined experience handling deportation related matters, and its lawyers regularly appear before Immigration Judges aggressively defending clients. Contact the immigration experts at Hilf & Hilf, PLC to obtain the the immigration representation that you need to fight your case.