Deportation Lawyer Southfield MI
An increasing number of non-citizens originally from many countries around the world, who now reside in Southfield and elsewhere, are being placed in deportation (removal) proceedings. These removal proceedings start with a NTA (Notice To Appear) by the federal government, which is a legal document that contains the alleged reasons why the person is subject to deportation and also provides brief factual allegations against the non-citizen in support of their removal. The agency of the US federal government with the responsibility of deporting people from the United States is the Department of Homeland Security (DHS), however DHS is represented by the Office of Chief Counsel for Immigration and Customs Enforcement (ICE).
ICE can permit the non-citizen to remain out of jail while the case is being litigated by posting an immigration bond. However, if ICE does not permit the posting of immigration bond to satisfy the non-citizen's release, or if ICE wants to set an immigration bond amount that is too expensive, the non-citizen (if eligible) can present a motion to 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. If "mandatory detention" applies, then the non-citizen is not entitled to receive an immigration bond in any amount because ICE will not allow it, and the Immigration Judge does not have the authority to grant an immigration bond for persons subject to mandatory detention. "Arriving aliens" are another category of individuals who generally cannot post an immigration bond. Arriving aliens have very limited chances 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 against ICE and in favor of the non-citizen concerning an immigration bond, the minimum bond amount permitted is $1500 (however, it can be set much higher by the Immigration Judge).
There are a few rights that the non-citizen has, such as: the right to retain an immigration attorney to defend the non-citizen from deportation (unlike criminal cases, there is no right to a public defender paid for by the US 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 to establish to the Immigration Court that the individual before the Court is both an alien and deportable by clear, convincing, and unequivocal evidence. If ICE is able to meet this burden of proof concerning these issues, the non-citizen can still seek several types of potentially eligible discretionary relief, which may (but does not always) include the following: adjustment of status, Convention Against Torture (CAT), legalization and registry, asylum cancellation of removal, waivers of inadmissibility and removability, withholding of removal, and adjustment of status. If the non-citizen loses, he or she has the ability to appeal the adverse decisions to the BIA (Board of Immigration Appeals), and free to appeal that decision to the United States Federal Court with jurisdiction over the matter if the appeals are filed timely.
Hire a Southfield Deportation Attorney to Aggressively Defend Your Removal
If facing deportation, you immediately need to retain a zealous, compassionate, and experienced immigration lawyer who is looking to protect you and your interests. The immigration attorney is needed to: defend the non-citizen against the allegation or allegations stated in the NTA, fully and accurately communicate with the non-citizen about all immigration issues and answer any questions, 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. When it comes to defending a removal petition, the worst decision is to elect to not have an immigration attorney defend the matter - you need the best immigration lawyer that you can find to help you in this situation.
The immigration lawyers at Hilf & Hilf, PLC have vast knowledge and experience concerning removal defense issues, and have regularly appeared before Immigration Judges opposing the US government's removal efforts. Contact Hilf & Hilf, PLC today, for any and all immigration related issues, including removal defense.