Deportation Lawyer Rochester MI
A record number of non-citizens originally from Guatemala, Mexico, and other countries across the globe are being placed in deportation (removal) proceedings before Detroit Immigration Judges. These deportation proceedings usually commence when a Notice To Appear (also called an NTA) is issued, which is a document that contains the alleged reasons why the government believes that the individual is subject to deportation and provides the factual allegations against the non-citizen in support of deportation. The agency given the responsibility to seek removal against non-citizen is the Department of Homeland Security (DHS), which is represented by the Office of Chief Counsel for Immigration and Customs Enforcement (ICE).
ICE has the power to allow for an immigration bond for any non-citizen in removal proceedings so that person can remain out of custody while the case is being litigated. If ICE denies any amount of bond, or if ICE wants to set a bond that is too expensive 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, 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. When "mandatory detention" (generally, based upon one or more criminal convictions for offenses that are deemed serious under the law) applies, then there is no legal ability for the non-citizen to obtain an immigration bond because ICE will not allow a bond and the Immigration Judge does not have jurisdiction to even grant a bond. Generally, "Arriving aliens" are not allowed an immigration bond either, and only have narrow legal abilities to present their 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 Judge decides that he or she wants to allow the non-citizen a bond amount to gain release from custody, the minimum bond amount must be at least $1500 (one thousand five hundred dollars) according to US law, and is often much higher.
There are few basic rights that a non-citizen is entitled to in deportation proceedings including: the right to retain an immigration lawyer to defend you from deportation (it is important to know that there is no right to a public defender or other lawyer paid for by the government); 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.
ICE has the initial burden of proof to satisfy by clear, convincing, and unequivocal evidence that the individual is both an alien and there is a basis for deportation. If ICE is able to convince the Court by clear, convincing, and unequivocal evidence of these two factors, the non-citizen can still petition (if done in a timely manner) 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 (CAT), legalization and registry, asylum cancellation of removal, and adjustment of status. 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 if unsuccessful is free to timely appeal the BIA decision to the United States Federal Court with jurisdiction.
Retain a Top Level Rochester Michigan Deportation Attorney to Aggressively Defend You
If facing removal from the United States by the government, your best choice is to immediately hire an experienced local immigration attorney who is looking to protect you and your interests. The immigration attorney can help in many different ways, such as: properly defending the non-citizen against the information contained in the NTA, properly communicating with the non-citizen about all issues (visit in jail, meet at the immigration attorney's office, by telephone, etc.), providing sound and strategic legal advice, to research and present any eligible forms of discretionary relief that may be available, seeking a reasonable immigration bond (if eligible to receive a bond), preparing the best available removal defense and present that defense in the most compelling and appropriate ways, appealing any adverse ruling from an Immigration Judge, etc. Ultimately, the quality of the immigration lawyer you retain might prove to be the largest factor in being able remain lawfully in the United States (depending upon the facts and circumstances of your case) and being forcibly removed by the United States government.
Hilf & Hilf, PLC is the legal team that you need to fight against your deportation. The lawyers at Hilf & Hilf, PLC have proven experience to aggressively fight against removal. Contact Hilf & Hilf, PLC today to schedule an appointment to discuss your removal defense.