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Prosecutorial discretion and DUI

Cleveland, OH |

I Know its a long shot but have any of you guys successfully obtained prosecutorial discretion for a client with a DUI or more. I had a DUI 7 years ago in college, came here legally as a student in 2000 and later lost an asylum case, I have been on Supervised release for the last 4 years, i already have a final order of removal issued. Graduated college, I hold a steady Job as a software engineer, No other blemish on my criminal or driving record. I have a brother that is a citizen and serving. also does it matter in that case which state you file the prosecutorial discretion in.? i had my DUI in MI, and now live in Ohio.
Thank you

Attorney Answers 3

Posted

You need to consult a DUI attorney in your geographical location immediately.

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Posted

Your 'big' problem doesn't appear to the the DUI. I'm guessing that you stopped going to college, had your asylum application denied at-least once (asylum corp and/or immigration judge) and were put into proceedings because you were no longer obeying the conditions of your student visa.

Further, because we aren't currently deporting people to the country you are from, the government was kind enough to put you on supervised release.

Am I basically correct?

If so, find a lawyer in Ohio that might be willing to attempt to re-open your case. Keep in mind that PD isn't a 'great' thing ... you'll still be under supervision of ICE.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship.

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5 comments

Asker

Posted

thank you, The only reason I am still here is because they were unable to secure my travel documents, I have contacted many lawyers, unfortunately they all say the same thing, unless i 'am married or have a kid here there is virtually no chance to re-open my case...I know PD is not the perfect solution but it would at least put my mind at ease that they are not actively trying to deport me every time i have to report for Supervision

Asker

Posted

one more question , from you r experience, while you are on supervision because they failed to secure my document, are they actively still trying to get my passport from my ambassy although they failed before. i'm asking this because its been now 4 years since they releaseed me, and i'm wondering if they try to do it every year.

F. J. Capriotti III

F. J. Capriotti III

Posted

You are incorrect in thinking that PD would avoid them actively trying to deport you. Yes, they will actively try to obtain travel documents. How frequently they do this is different in every case.

F. J. Capriotti III

F. J. Capriotti III

Posted

PS Having a kid in the US won't help ... unless that kid is over 21.

Asker

Posted

thank you very much sir

Posted

Based on what you've represented, you'll need to reopen your removal case and then apply to get it admin closed (which is the only course of action DHS in Cleveland is currently engaging under the PD memo). You may be eligible for other relief so I encourage you to retain counsel to review all your facts and circumstances and your immigration history.

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1 comment

Asker

Posted

Thank you Alan, I just might reach out to you. My next supervision visit is the 4th of december..if I am not Deported then...I will definitely see to it.

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