Discretion

Prosecutorial Discretion During Immigration Court

Prosecutorial discretion in immigration court comes in many forms including agreeing to terminate an individual’s case. While there are no formal requirements to receive a favorable exercise of prosecutorial discretion, there is also no certainty that the prosecutor will exercise his/her discretion.

Certain positive factors that are considered include:

  • Long term presence in the U.S. (especially as a lawful permanent resident)
  • Age of alien at present and when brought to the U.S.
  • Evidence of educational pursuits
  • Military service of immediate family
  • Health concerns (mental illness, pregnancy, etc.)
  • Victim of a crime
  • Significant family ties

Prosecutorial Discretion After Immigration Court

If an order of deportation has been issued, prosecutorial discretion may still be granted through the following:

  • Grant a stay of removal (Form I-246)
  • Obtain a grant of deferred action (i.e. ICE will not immediately execute your deportation order)
  • Joint motion to reopen case in light of new facts or evidence

For more information about these services, please schedule a consultation at 978-905-9992.

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