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.
*Translation Services Available
**Proudly serving the LGBT community