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Prosecutorial Discretion for Some

by | Mar 5, 2012 | Immigration, Immigration Team News


On February 6 of this year, the Ninth Circuit Court of Appeals published five decisions requesting that the government advise the court on whether “the government intended to exercise prosecutorial discretion”. This request was made in light of ICE Director John Morton’s June 17, 2011 memo regarding the use of prosecutorial discretion to prioritize the agency’s efforts and best utilize its resources.  When ICE favorably exercises its prosecutorial discretion, it means that it will not assert the full scope of its enforcement authority.   This is good news for people with pending immigration cases, as it could reduce the immigration court’s backlogs, and the removal of aliens who do not pose a danger to our society and/or have a readily available way to legalize their status. To read the memo, click here.



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