Deportation Lawyer Oakland County MI
An unfortunate number of non-citizens in Oakland County are being placed in removal (deportation) proceedings before Immigration Judges in Detroit. These removal proceedings usually begin with the drafting of a "NTA" (Notice To Appear), which is a document that contains the factual allegations against the non-citizen and provides the alleged statutory reasons why the United States government believes that the individual is subject to removal (deportation). The agency within the United States that seeks removal against non-citizen is DHS (Department of Homeland Security), which is represented by the Office of Chief Counsel for ICE (Immigration and Customs Enforcement).
It is within the discretion of ICE at any time to approve or deny a bond request made by any non-citizen in removal proceedings. However, if ICE opposes bond, or if the bond set by ICE is too much money 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 property or a 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 non-citizen is placed in "mandatory detention" (generally, based upon one or more criminal convictions for offenses that are listed in a Federal statute) that non-citizen does not have any ability to obtain an immigration bond because ICE will not allow a bond and the Immigration Judge does not have jurisdiction to decide that issue. "Arriving aliens" also, generally, are not allowed any sort of immigration bond, and only have very narrow abilities to present their case in deportation proceedings (such as an asylum seeker who successfully demonstrates a "credible fear" which, upon this showing, can later petition for an immigration bond). If the non-citizen is able to receive an immigration bond, the Immigration Judge is required to order a minimum immigration bond of at least $1500 (or higher, at the discretion of the Immigration Judge), despite the fact that the bond amount may prove to be an extreme hardship for the non-citizen to post.
The non-citizen has a few rights that he or she can choose to exercise in Immigration Court, including: the right to hire a lawyer to defend against removal (there is no right to a public defender or other 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 any needed assistance; the right to have an interpreter well and properly translate 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 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 deportable is ICE's responsibility. If ICE meets this burden of proof in the eyes of the Immigration Judge, the non-citizen will still can 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, Convention Against Torture, legalization and registry, cancellation of removal, adjustment of status, and asylum. If the non-citizen loses, he or she is free to timely appeal the Immigration Judge's decision to the BIA (Board of Immigration Appeals), and free to timely appeal the BIA's decision to the United States Federal Court with jurisdiction.
Hire a Top Rated Deportation Lawyer in Oakland County, Michigan
If facing deportation in Immigration Court, the best possible decision that you can make is to immediately hire a confident and experienced immigration attorney. The immigration attorney can assist the non-citizen in the many important ways, such as: properly defending the non-citizen against the information contained in the NTA, to effectively communicating with the non-citizen about all issues (visit in jail, meet at the immigration attorney's office, by telephone, etc.), providing sound legal advice, to research and present any eligible forms of discretionary relief that may be available, seeking a reasonable bond (if eligible), preparing the best available defense and present that defense in the most appropriate and compelling way, appealing any adverse ruling from an Immigration Judge or other Court, etc. The capability of the immigration defense attorney that you hired ultimately might be the largest factor 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 hire. The attorneys at Hilf & Hilf, PLC have solid experience defending against deportation, and regularly appear before Immigration Judges in Detroit aggressively and tactfully defending clients in strong opposition to ICE. Contact Hilf & Hilf, PLC to obtain the immigration legal representation that you deserve.