According to the definition of the discretionary right of the prosecution, prosecutorial discretion definition is the decision you can make a body or officer to decide whether or not to apply the law in both civil and criminal proceedings. Immigration agents have an obligation to enforce the prosecutorial discretion law definition, to make decisions such as applying knowledge to stop and who put in Deportation Process. According to the Immigration and Customs Enforcement (ICE), discretion helps to apply resources where appropriate, focusing on representing could be a threat to public safety or national.
Prosecutorial discretion by ICE is reflected in a memorandum from ICE Morton Memo. Morton memo Jun 2011 is used by immigration officials as a guide to focus on enforcing the law and deporting people cases called “high priority” and do a little next to cases of “low priority.”
There is a wide discretion as factors that take into account the ICE to determine when a person is “low priority“, it should be clear that discretion is not based on just one factor actually influences the whole situation. Among the factors to consider when a person is “low priority” we have:
Among those identified as “high priority” have 3 major categories according to the Department of Homeland Security are classified as number one, are people with criminal records, as two people with a long history of immigration violations and the third the people who crossed the border with a more recent period of approximately 3 months. Prosecutorial discretion gives us more detailed factors that people considered “high priority”, these are:
Prosecutorial Discretion should be sent to ICE, sending a letter containing the reasons why you should not be deported, the sample letter prosecutorial discretion appears on websites and can help us to know the points to consider when to request a judicial discretion. Attached to this letter documents to prove what you are proposing will be sent. An example of a very common case is when the person has children the child’s birth certificate is submitted. You should pay attention to what true pose in the letter and you have to be honest, as well as all documents will be added , taking greater care in regard to his criminal record. Remember that if you fail or make a farce he may be charged with criminal foul. If you are in removal proceedings have not yet conclusively by then you may request a judicial discretion.
Sample request prosecutorial discretion immigration is that in deportation cases prosecutorial discretion immigrants give them a new option. This is to present to the community through the factors that make a person of “low priority” for deportation, ICE making it known through signatures or letters from community leaders who have a significant relationship. Generally providing community support making calls, sent email, hosting events in order to show that the person has community support.
The primary objective that has this option is to inform the ICE countless signs of support to stop the deportation of the person.
If you decide to use prosecutorial discretion in your case you will be notified in writing. Should be aware that prosecutorial discretion will not change your status or you will not give a legal status, your case will be delayed but it is likely that ICE continue your case later. You cannot leave the country because they will not be granted any immigration. We should note, well clear what the outcome in your case and what its consequences might be able to take the necessary measures.
It is necessary to require the services of an attorney as this will be the person who can advise you about your rights, please note that all cases are different and that no guide will substitute for legal consultation much information that you can provide this.