Prosecutorial Discretion Miami

Introduction to Prosecutorial Discretion Miami

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, 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” we have.

The Two Cases by Morton Memo Prosecutorial Discretion

There is a wide discretion of factors to take into account, ICE will 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. Amongst many factors to consider when a person is “low priority” we have:

• He/she has more than 5 years in the USA and the person came as a child.
• He/she has more than 10 years in the United States and the person came after 16 years old.
• He/she has more than 10 years in the United States and the person is over 65 years old.
• The person states in the U.S. have some legal way possible, and with a valid visa.
• He/she has been a permanent resident for more than 10 years without incurring more than one criminal offense.
• The person is expecting a baby or breast-feeding or their partner is expecting a baby or breast-feeding.
• The person is a veteran or member of the armed forces.
• The person presents severe mental disability or health condition.
• The person concluded their studies in the United States especially superior or college.
• He/she has a spouse or children who are U.S. citizens or permanent residents.
• The person has a family of first degree relatives who served in the armed forces.
• Presents little or no connection to their country of origin.
• They are afraid to return to their country of origin.
• The person has disabilities, is elderly, or has a child or family member that is seriously ill.
• Presents significant ties to their community such as, church involvement, or in an organization, is a business owner or homeowner.
• The person has served for federal agencies in criminal investigations.
• Turns out to be a victim or witness of domestic violence, human trafficking or any other violent crime.

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”,

• They have a sentence that relates to violence, threats, assault, sexual abuse or exploitation.
• They have more than two criminal convictions that are, 3 misdemeanors or a felony.
• They have a felony conviction for driving under the influence of alcohol or narcotic.
• Presents a conviction for drug trafficking or distribution.
• They formed a voluntary departure did not leave the country.
• Have done immigration fraud.
• They are a threat to public or national security.
• They are a member of a gang or involved in human trafficking.

How to Ask For Prosecutorial Discretion in Deportation Case?

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. If you are in removal proceedings have not yet conclusively by then you may request a judicial discretion.

An Option to Apply For Prosecutorial Discretion in Deportation Case

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.

The Decision to Use ICE Prosecutorial Discretion

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 legal status, your case will be delayed but it is likely that ICE continues 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.

Why Should I See A Lawyer?

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. Contact Gallardo Law Firm today for a consultation with one of our highly qualified attorneys.