Prosecutorial Discretion in Miami

Updated on Wednesday 26th October 2016

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If you are an immigrant in the U.S. facing deportation, you can obtain relief from it by applying for prosecutorial discretion. Prosecutorial discretion in Miami refers to the ability of the U.S. Immigration and Customs Enforcement (ICE) to influence a deportation case. ICE is able to exercise its prosecutorial discretion in various ways. For instance, ICE could go along with a person to require an immigration judge to close his or her case. ICE could also request an immigration judge to open again a certain case so that the person in question could apply for relief of removal from the U.S. An immigration attorney in Miami can provide further information in this regard. 
 

Low priority and high priority cases for prosecutorial discretion in Miami


Prosecutorial discretion in Miami is appealed to in order to close deportation or removal cases which ICE considers to be of low priority. In determining whether a case is of low priority, several factors are taken into account. They can consist of the following aspects:

•    The individual’s duration of stay in the U.S.;
•    Family connections with the country;
•    Immediate relatives who are U.S. permanent residents or citizens;
•    Age when the person entered the U.S.;
•    The individual’s pursuit of education in the country;
•    Servicing the U.S. Armed Forces;
•    No criminal history;
•    The immigration background;
•    Presents no threats to the national security or public safety;
•    Conditions of the person’s country of origin; and
•    Possibility of being issued temporary or permanent residence status in the future.

A Miami immigration lawyer can provide more details on this matter.
 

How to organize a request for prosecutorial discretion in Miami


If you think that your immigration case in Miami can be offered prosecutorial discretion, you will have to arrange a written request to the local ICE office and the local Office of Chief Counsel.

To file this application, there is no official form to fill in. Instead, you will have to write a letter which shows in the first sentence that it is a request for prosecutorial discretion in Miami. Then, put down a simple and convincing explanation of why the ICE should close your case. To achieve this, the factors which can be applied to you can be used as headings for each section. There should also be a paragraph that describes why you believe you are a good candidate. A characteristic letter has three to four pages.

The request for prosecutorial discretion in Miami could necessitate broad knowledge about the U.S. legislation. Therefore, it is necessary to have the guidance of experienced immigration lawyers in Miami. Please contact us if you need assistance you with your immigration case. 

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