Deportation Lawyer Lake Orion MI
More and more non-citizens in Oakland County are placed in removal (deportation) proceedings before Immigration Judges in Detroit. Immigration proceedings in Lake Orion and elsewhere begin with the drafting of a "NTA" (Notice To Appear), which is a legal document that contains the factual allegations against the non-citizen and provides the reasons why the United States government believes that the individual is subject to removal (deportation). The opposing party to every non-citizen in every removal proceeding in Michigan and throughout the United States is DHS (Department of Homeland Security), which is represented by the Office of Chief Counsel for ICE (Immigration and Customs Enforcement).
ICE, is free to approve or deny bond request made by any non-citizen in removal proceedings. However, if ICE choose to deny bond, or if the bond set by ICE is too high for the non-citizen to post, the non-citizen (if eligible) can ask 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 a person or property, is not a threat to national security, is not a flight risk, and is eligible for some potential form of immigration relief. If the non-citizen is subject to "mandatory detention" (generally, for one or more serious criminal convictions that are listed in a Federal statute) that non-citizen does not have the ability to obtain an immigration bond because the Immigration Judge does not have jurisdiction to decide that issue. Most non-citizens that are "arriving aliens" generally are not allowed to have a bond for their immigration case, and only have very limited abilities to present their case in removal proceedings (such as an asylum seeker who successfully demonstrates a "credible fear" which, upon this showing, can petition for an immigration bond). If the non-citizen is fortunate enough to receive a bond, the Immigration Judge is mandated to set the bond amount of at least $1500 or higher, despite the fact that the bond amount may prove to be impossible for the non-citizen to post.
The non-citizen has a few core rights that he or she can choose to exercise before an Immigration Judge, including: the right to engage the services of legal counsel (there is no right to a lawyer at government 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 for assistance; the right to have an interpreter well and properly translate court proceedings; 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 initial burden to establish by clear, convincing, and unequivocal evidence that the individual is an alien (not someone who is lawfully a US citizen) and removable (deportable) is squarely on the shoulders of the lawyer for ICE. If this burden is met by ICE, the non-citizen will still have the opportunity to timely petition for several types of potentially eligible discretionary relief, which may (but does not always) include: adjustment of status, waivers of inadmissibility and removability, withholding of removal, CAT (Convention Against Torture), legalization and registry, cancellation of removal, adjustment of status, and asylum. If the non-citizen loses his or her removal case before the assigned Immigration Judge, he or she can appeal that decision to the BIA (Board of Immigration Appeals), and to appeal the BIA's decision (if adverse) to the United States Federal Court that has jurisdiction over the case if they wish to continue to fight the removal.
Hire a Top Rated Deportation Lawyer near Lake Orion, Michigan
If facing removal (deportation) before an Immigration Judge, the best possible decision is to immediately hire a sharp and confident immigration lawyer. The immigration lawyer can help the non-citizen in the many ways, including: to properly defend the non-citizen against the information contained in the NTA, to effectively communicate with the non-citizen about all issues (visit in jail, meet at the immigration attorney's office, by telephone, etc.), to provide sound legal advice, 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. The zealousness and aggressiveness of your immigration defense attorney ultimately be the largest difference in being able remain lawfully in the United States (depending upon the facts and circumstances of your case).
When you need to fight deportation, Hilf & Hilf, PLC is the legal team that you need to contact to defense you. The attorneys at Hilf & Hilf, PLC have decades of experience defending deportation matters, and regularly appear before Immigration Judges in Detroit defending clients in strong opposition to ICE. Contact the immigration experts at Hilf & Hilf, PLC to obtain the great and passionate removal defense representation.