An Immigrant And Ex-ProsecutorProtecting Your Rights

How Prosecutorial Discretion Impacts A Deportation Case

When someone’s case is a low priority for deportation, they may be able to use a type of temporary relief known as prosecutorial discretion. Immigration and Customs Enforcement (ICE) only has so many resources and must focus on high-priority cases. Low-priority cases may be temporarily suspended. This decision is made on a case-by-case basis and is not guaranteed.

Here at Ivanor Law Firm, we have more than 20 years of combined experience working with immigration and deportation cases. We understand the complexities of immigration law, and we help our clients seek an optimal outcome. We offer skillful guidance, and we are bilingual in both English and Spanish. With strong communication skills, our attorneys can help you explore all of your legal options.

Can You Request Prosecutorial Discretion?

People sometimes bring up prosecutorial discretion before immigration proceedings have already begun. You should not do this. It can increase the chances of a removal. But if that removal process has already started and you are concerned about deportation, this is when prosecutorial discretion becomes important. It gives ICE the ability to pick and choose what cases it wants to enforce and the extent to which it will do so. If granted, prosecutorial discretion doesn’t mean your deportation case is canceled, but they move it to the bottom of the priority list. This can allow you to stay in the United States much longer.

It’s also important to note that you don’t have a right to prosecutorial discretion – or a favorable outcome. It won’t cause you to become a citizen or a resident. All it does is create a temporary suspension of your removal case. ICE can still re-open the case in the future. But prosecutorial discretion can buy you more time to look into other legal options.

Exploring Your Options

If you’re involved in a complicated immigration case or worried about deportation, it’s important to work with an experienced lawyer to explore all of your options – including prosecutorial discretion. Please give us a call at 407-255-2065 or send us an email to set up your initial consultation.