Prosecutorial Discretion Requests in Removal Proceedings
Prosecutorial Discretion Requests in Removal Proceedings
Prosecutorial discretion (PD) is a tool that allows DHS to decide how, when, or whether to pursue removal in a particular case. A well-prepared request can lead to a case being dismissed or administratively closed, but PD is discretionary and never guaranteed.
Legal Background
DHS, through ICE's Office of the Principal Legal Advisor (OPLA), has authority to prioritize enforcement. In immigration court, DHS can agree to dismiss a case, join a motion, or take other steps that reduce or pause enforcement.
When PD May Be Appropriate
PD is most likely in cases with strong positive equities, such as:
- Long-term residence in the United States
- U.S. citizen or lawful permanent resident family members
- Medical or humanitarian concerns
- Lack of serious criminal history
- Demonstrated community ties and good moral character
Each case is unique. DHS evaluates the totality of the circumstances.
What a PD Request Usually Includes
A strong request typically contains:
- A cover letter explaining why discretion is warranted
- Evidence of family ties and caregiving responsibilities
- Proof of work history, tax compliance, or community service
- Medical or hardship documentation when relevant
- Criminal records and evidence of rehabilitation if needed
How the Process Works
- Prepare the request. Collect evidence and draft a clear summary of equities.
- Submit to DHS. Requests are usually sent to the OPLA office handling your court.
- Wait for a response. DHS may request more information or issue a decision.
- Follow court instructions. Continue attending hearings unless DHS and the court issue a formal order.
Common Mistakes
- Stopping court appearances. PD requests do not pause hearings unless the court orders it.
- Submitting weak evidence. General statements without documentation are often rejected.
- Ignoring criminal history. DHS will review records, so be transparent and prepared.
- Waiting too long. Late requests may not be considered if a hearing is imminent.
Practical Tips
- Organize your packet. Label exhibits and include a table of contents.
- Be honest about risks. Explain any negative factors directly and provide context.
- Coordinate with your attorney. PD requests are legal advocacy, not just a letter.
When to Seek Legal Help
A lawyer can evaluate whether your case is a good candidate for PD, prepare a strong submission, and coordinate with DHS and the court. This can increase the chances of a favorable outcome.
If you want to explore prosecutorial discretion, schedule a consultation.
This post provides general information and is not legal advice. Laws can change, and your facts matter.
Schedule Your Consultation
Immigration consultations available, subject to attorney review.