Prosecutorial Template For Immigration
Description
How to fill out Motion To Remedy Prosecutorial Abuse?
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FAQ
To ask for ICE to use prosecutorial discretion, you should send a letter to ICE. This letter should include all the reasons why ICE should not deport you. In addition, you should attach documents that will support what you say in your letter.
For example, if the facts and evidence indicate that killing was actually in self-defense (which can be a close call in some cases), the prosecutor may reduce the charges from murder to manslaughter, or even drop the charges entirely.
ICE can exercise its prosecutorial discretion in many different ways. For example, ICE can join you in asking an immigration judge to close your case. Or, ICE might agree to ask an immigration judge to reopen your case so that you can apply for relief from removal.
Prosecutorial discretion is the power of the government to decide a course of action when weighing the circumstances of an event that may result in a criminal prosecution.
A person granted prosecutorial discretion enjoys a few basic immigration benefits, such as potentially a work permit (if they're also grant "deferred action") and freedom from fear of deportation, for a limited time. Yet they have no clear path to U.S. lawful permanent residency (a green card).