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Requesting Prosecutorial Discretion

Did you know that noncitizens in deportation proceedings can now request to have their cases closed in Immigration Court through what's known as Prosecutorial Discretion? This is especially helpful when there is no viable form of relief otherwise available.

To be eligible, noncitizens must fall outside of the three enforcement priorities: threats to national security, public safety, and border security.

Those eligible can send an email to the Department of Homeland Security's Office of the Principal Legal Advisor (OPLA) charged with overseeing the case. Your email should note that the noncitizen does not fall under any of the stated priorities and that they are not opposed to having their case dismissed.

You will want to register for ICE's eService portal, where you can formally serve documents on OPLA. For more details, review the enclosed guidance published by ICE—and let us know if you have any questions.

Good luck!

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Aug 06, 2022

The National Immigration Project of the National Lawyer's Guild is offering a free webinar on August 24th at 1pm EST to discuss some of the recent changes in the process of seeking prosecutorial discretion in light of pending litigation. Follow the link to register.

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