PROSECUTORIAL DISCRETION

For Immigration purposes, prosecutorial discretion refers to the authority that ICE has to which case is a priority for removal. ICE has limited resources therefore it can decide how it wants to best use those limited resources. ICE can exercise its prosecutorial discretion in many different ways. For example, ICE can prioritize criminal aliens who are a danger to the community for deportation over the removal of non-criminal aliens who have strong ties to their communities. If you are in removal proceedings you can request that ICE consider your case a low priority. ICE may not issue a Notice of Hearing in your case and leave your case in abeyance indefinitely. If you have already been issued a Notice of Hearing you may ask ICE through the Office of the Chief Counsel to Join you in a Motion to Administratively Close your case. Prosecutorial Discretion can take many forms and may not always be the best strategy to take in every case. It is very important for you to speak to an experienced attorney before you request Prosecutorial Discretion. Contact Us today to schedule a complete consult with an experienced attorney.

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