Deportation Lawyer Royal Oak MI
An enormous number of non-citizens originally from Guatemala, Mexico, Honduras, and other countries across the globe are being placed in deportation (removal) proceedings before Detroit Immigration Judges. These deportation proceedings commence with the issuance of a Notice To Appear (also called an NTA), which is a legal document that contains the alleged reasons why the person is subject to removal from the United States and also provides brief factual allegations against the non-citizen in support of deportation. The United States agency that is ultimately in charge of removal is the Department of Homeland Security (DHS), however in Immigration Court proceedings the DHS is represented by the Office of Chief Counsel for Immigration and Customs Enforcement (ICE).
ICE can allow any non-citizen facing removal proceedings a bond so that the non-citizen can remain out of custody while the case is being challenged in Court. However, if ICE doesn't provide an immigration bond, or if ICE wants to set a bond amount that is too expensive, the non-citizen (if eligible) can ask the Immigration Judge for release from custody on an immigration bond if the non-citizen can successfully prove 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. If "mandatory detention" applies due to the existence of a criminal record, then there is no legal ability to obtain an immigration bond because ICE will not allow a bond and the Immigration Judge does not have the power to grant a bond. "Arriving aliens" for the most part are not allowed an immigration bond of any amount, 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 in favor of an immigration bond, the minimum bond amount must be at least $1500 according to US law in order for the non-citizen to be released.
In removal proceedings the non-citizen has a few basic rights such as: the right to retain an immigration lawyer to defend you from deportation (there is no right of any kind to a lawyer paid for by the US government, even if the non-citizen is in custody); 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 (by a standard establish clear, convincing, and unequivocal evidence) to prove that the individual is both an alien and deportable. If ICE is able to convince the Immigration Judge of this initial burden, the non-citizen can still seek several types of potentially eligible discretionary relief, which may (but does not always) include: adjustment of status, waivers of inadmissibility and removability, Convention Against Torture (CAT), withholding of removal, legalization and registry, asylum, cancellation of removal, and adjustment of status. If the non-citizen loses, the appeal of that decision goes to the BIA (Board of Immigration Appeals), and the appeal of the BIA goes to the United States Federal Court with jurisdiction.
Hire a Royal Oak Michigan Deportation Immigration Lawyer to Zealously Defend You
If facing deportation, your first priority should be to hire an experienced removal defense attorney who is looking out for your interests. The removal defense attorney is needed to: properly defend the non-citizen against the information contained in the NTA, properly communicate with the non-citizen about all issues (meet at the immigration attorney's office, by telephone, at the jail, etc.), to provide 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), to prepare the best available removal defense and present that defense in the most compelling and appropriate ways, to appeal any adverse ruling from an Immigration Judge, etc. Ultimately the quality of the lawyer who represents you 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 and returned to your country of citizenship.
When fighting deportation is your only option, Hilf & Hilf, PLC is the trusted legal team that you need. Hilf & Hilf, PLC has many years of proven deportation defense experience, and our lawyers regularly appear before Immigration Judges in Detroit concerning these matters. The smart decision is to contact the law offices of Hilf & Hilf, PLC today.