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Prosecutorial Discretion Toolkit

What is prosecutorial discretion and how can it benefit my client? Over the past year, DHS and White House statements and memos have announced new immigration enforcement policies and priorities. This effort to implement new enforcement standards through the exercise of prosecutorial discretion includes the review of 300,000 cases at all stages of the removal process. While this review commenced in late 2011, it remains on-going.

The purpose of this Toolkit is to help advocates understand various components of prosecutorial discretion ---- who can benefit, what is the process, and what advocates can do to assist clients both before and after the issuance of the Notice to Appear. While the answers to some of these questions are still unclear, the government documents, articles, sample letters and motions, and other materials contained in this Toolkit will help advocates understand DHS prosecutorial discretion enforcement policies and practices.

 

MATERIALS ON PROSECUTORIAL DISCRETION


GOVERNMENT DOCUMENTS:

 

ARTICLES AND REPORTS:

 

PRACTICE ADVISORIES:

 

SAMPLE REQUESTS AND MOTIONS:

 

BIA DECISION AND CIRCUIT COURT ORDERS:

BIA decision held IJ and BIA authorized to administratively close proceedings even if a party opposes the administrative closure.  The BIA articulated standards for administrative closure.

Rodriguez v. Holder, No. 06-74444, Order (9th Cir. February 6, 2012);
Mata-Fasardo v. Holder, No. 10-71869, Order (9th Cir. February 6, 2012);
Pocasangre v. Holder, No. 10-70629, Order (9th Cir. February 6, 2012);
Middleton v. Holder, No. 09-74038, Order (9th Cir. February 6, 2012).

These cases involve petitions for panel rehearing.  The Ninth Circuit Court of Appeals ordered the government to advise the court whether in light of the June 17, 2011 and November 17, 2011 ICE memos on prosecutorial discretion whether the government intends to exercise prosecutorial discretion in these cases and, if so, the effect of such discretion on the cases before the court.

INFORMATION FROM THE FIELD ON PILOT PROGRAMS:

 

DENVER AND BALTIMORE PILOT PROGRAMS EOIR INFORMATION:

 

NEWSPAPER ARTICLES:

Resources by type: 
Programs: