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Green Light For Immigration To Exercise Prosecutorial Discretion

Green Light for Immigration to Exercise Prosecutorial Discretion

The most important and encouraging news of the moment is the recent decision of Homeland Security’s Secretary to create norms to practice “Prosecutorial Discretion” (PD) in the context of Immigration, which will focus their resources on “High Priority” cases that represent a real threat to public or national security.

According to DHS, the main characteristics considered High Priority are: (1) persons who have been involved or are suspicious of being involved in terrorism, espionage, or other related activities, whose arrest is necessary to protect the security national of the United States; (2) persons who were arrested on the border trying to enter illegally after November 1, 2020, who were not physically present in the United States prior to November 1, 2020; o (3) persons who have been convicted of an aggravated felony, who have been convicted of criminals related to gangs, who are not under 16 years old and who have intentionally participated in illegal activities involving gangs; and are determined that they represent a danger for public security.

On the other hand, the immigration prosecutors may decide to continue the deportation process depending on mitigating or aggravating factors. Some of these mitigating factors are (1) time of residence in the United States, (2) service in the armed forces of the United States, (3) family and community ties in the United States, (4) circumstances and manner in which I enter the United States, (5) previous immigration history, (6) current immigration status (permanent resident merits further consideration, without excluding other status); (7) history of work in the United States; (8) is seeking to complete education in the United States; (9) to be a victim, witness, plaintiff in a civil or criminal case; (10) if the person has any immigration benefit which one can receive; (11) to have contributed to the community; (12) other factors of a humanitarian nature such as poor health, age, pregnancy, being underage, being the main person who takes care of a sick family member in the United States. Aggravating factors are (1) criminal history; (2) human rights violations; (3) violations of extensive immigration laws, (4) fraud or material lies to an immigration officer.

In those cases where the person has significant mitigating factors, it is possible to ask the prosecutor in charge of the case to close it, or a person with a final deportation order, may also be subject to a relief and could request that his/her case be reopened in order to apply for this benefit to the Immigration Judge. For this purpose, it is necessary to file a formal petition to the Immigration. Those who may qualify for such relief must submit their motions to reopen by November 16, 2021.

Attorney Sandoval emphasizes that the help of a competent immigration lawyer can make a difference on the approval or denial of the petition.

For advice on this topic, please contact us at 954-306-6921 or through our website

Carlos Sandoval

Carlos Enrique Sandoval, Attorney, member of the FL Bar, AILA and licensed to practice law by the Supreme Court and the Federal Court for the Southern District of Florida.

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