Prosecution Exclude Foreigners
Description
How to fill out Motion To Preclude The Prosecution From Using Peremptory Challenges To Exclude Black Persons And Members Of Other Groups?
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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.
Prosecutorial discretion gives ICE the authority to decide to when and to what extent it will enforce the law against a specific person. Basically, if you are in immigration proceedings and are granted prosecutorial discretion, it means that your case moves to the bottom of ICE's priority list for deportation.
Lack of Evidence: Sometimes, a victim or witness might believe the evidence is insufficient for a conviction, and the court process would be futile. Emotional Toll: The legal process can be emotionally draining, and some individuals wish to avoid the stress and publicity associated with a trial.
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.