Immigration Court Relief - Prosecutorial Discretion
This guide should provide assistance for aliens in immigration court and the possibilities of requesting prosecutorial discretion.
Prosecutorial Discretion During Immigration CourtProsecutorial 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.
Prosecutorial Discretion During Immigration Court - FactorsCertain 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 CourtIf 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