Prosecutorial discretion and DUI

Asked over 1 year ago - 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)

  1. Philip Alan Eichorn

    Contributor Level 19

    1

    Lawyer agrees

    Answered . 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.

  2. Joshua Stephen Alexander

    Contributor Level 10

    1

    Lawyer agrees

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

  3. F. J. Capriotti III

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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... more

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