Deportation Lawyer Troy MI
An ever increasing number of non-citizens originally from many countries around the world (Mexico, China, India, etc.), who now reside in Troy Michigan, are being placed in removal (deportation) proceedings. These deportation proceedings start with the submission by an attorney for ICE (the Office of Chief Counsel for Immigration and Customs Enforcement) of a NTA (Notice To Appear), which is a type of immigration document that contains the alleged reasons why the non-citizen is subject to deportation and also provides brief factual allegations in support of deportation. The federal US government agency leading these aggressive efforts to deport non-citizens from the United States is the Department of Homeland Security (DHS), however DHS is legally represented by ICE.
ICE sometimes (but not always) permits an immigration bond to be posted from non-citizens facing deportation so that the individual can remain free in the community while the case is being litigated in Immigration Court. However, if ICE does not want to give any sort of immigration bond to the non-citizen, or if ICE wants to set an immigration bond amount that is outside of the financial ability of the non-citizen to pay, he or she (if eligible) can submit a motion to the Immigration Judge for release from custody on an immigration bond if the non-citizen can 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 the US government alleges that "mandatory detention" is applicable to the non-citizen listed on the NTA, this will cause the non-citizen to not receive an immigration bond because ICE will not allow it, and the Immigration Judge does not have the power to grant an immigration bond to someone in that circumstance (however the non-citizen can attempt to argue to the Immigration Judge the non-applicability of mandatory detention). "Arriving aliens"are another category of non-citizens that are usually not allowed an immigration bond, and only have narrow opportunities to argue 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 Court (over the usual objections of ICE counsel) decides in favor of the non-citizen's request for an immigration bond, the minimum bond amount permitted is $1500 (however, it can be set much higher by the Immigration Judge at his or her discretion).
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 (deportation cases at Immigration Court are not considered to be criminal in nature, and the law does not provide any right to a lawyer paid for by the US government for immigration cases. On the other hand, criminal cases for being unlawfully present in the United States, etc. are handled, federally, at a Federal District Court with jurisdiction, and a court appointed lawyer can be requested or legal counsel can be retained for criminal cases); 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 counsel has the responsibility to establish, to the Immigration Judge presiding over the case, that the non-citizen before the Court is both an alien and deportable by clear, convincing, and unequivocal evidence. If ICE counsel is able to meet this burden with the Immigration Court hearing the matter, the non-citizen can still timely apply for several types of potentially eligible discretionary relief, which may (but does not always) include: 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. The non-citizen is free to appeal any denial or contrary decision of the Immigration Judge to the BIA (Board of Immigration Appeals), and free to appeal the BIA's decision to the United States Federal Court with jurisdiction over the matter, as long as the appeal is timely and properly filed.
Hire an Aggressive Deportation Lawyer to Zealously Defend You in Troy Michigan
If facing deportation, retaining an experienced and dedicated immigration attorney who is looking to protect you and your interests is a critical first step. The immigration attorney is so important for many reasons, including: the need to defend the non-citizen against the allegation(s) listed in the Notice To Appear, the need for the non-citizen to receive advice and information concerning all relevant immigration issues, to research and present any eligible forms of discretionary relief that may be available on behalf of the non-citizen, to seek a reasonable (low) 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. The worst decision - which should be avoided at all costs - is to have no lawyer or a lawyer that is not competent, because you need the best immigration lawyer that you can locate to help you fight against your deportation.
The deportation defense attorneys at Hilf & Hilf, PLC have many years of proven courtroom experience in Immigration Courts in Michigan and elsewhere, vast knowledge of immigration law, and the guts to oppose the government's efforts to deport you. The deportation defense attorneys of Hilf & Hilf, PLC are located at 1775 W. Big Beaver Road in the city of Troy, Michigan 48084. Contact the attorneys at Hilf & Hilf, PLC today to receive great advice and stellar legal representation from trusted Troy Michigan immigration attorneys.