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What is prosecutorial desecration in Removal proceedings?

Dallas, TX |

i have been hearing about this. what is it? and how can it apply to someone who is not a dreamer & has a USC spouce?

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Attorney answers 5

Best Answer

Prosecutorial discretion is where DHS chooses to do or not do something in your case because of your special circumstances. For instance, if you have resided in the U.S. for many years, have not committed any crimes, and say, for example, your wife has special medical needs, DHS may agree to administratively close your case before the immigration court. You should speak with an attorney to determine what relief you might have from deportation.


Best hope is to find an attorney to help you
The government has lawyers trying to remove you, you need someone to advocate for you

Neil I Fleischer (513) 977-4209 Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 Enjoy our Blog at


It is when the prosecutor at their discretion administratively closes or offers deferred removal. The best way to apply for it is to hire an attorney, who is familiar with immigration court and such applications.
Nick Misiti
Misiti Global
212 537 4407

Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.


Where you have a USC or lpr relative and get to stay in the US at the DHS's discretion.


Prosecutorial Discretion is the implementation of the June 2011 memorandum by John Morton the ICE director. Government Attorneys are empowered to administratively close cases based on this criteria. Having citizen relatives (spouse, children) is one of the favorable criteria. Unfortunately this discretion is being sparsely used. You should not rely on this for your relief. please contact a competent immigration attorney for an in-depth consultation.