Requesting Discretionary Action in Immigration Proceedings
Prosecutorial discretion may be an important strategy in certain immigration cases. It allows government attorneys or immigration authorities to decide how to prioritize, pursue, pause, dismiss, or otherwise handle a case based on the facts, equities, enforcement priorities, and applicable policy.
At Kanu & Associates, P.C., we help clients in Arizona and New Mexico evaluate whether prosecutorial discretion may be appropriate and prepare requests supported by strong evidence.
What Is Prosecutorial Discretion?
Prosecutorial discretion is not an immigration status and does not automatically provide permanent protection. Instead, it may involve a request for DHS or government counsel to exercise discretion in a favorable way.
Depending on the case, prosecutorial discretion may involve:
- Dismissal of immigration court proceedings
- Administrative closure where available
- Agreement to a continuance
- Agreement not to oppose certain relief
- Deferred action-type considerations where available
- Stipulations or narrowing of issues
- Case prioritization decisions
- Other discretionary handling of the matter
Because policy and practice can change, each request must be reviewed under the current rules and the specific facts of the case.
When Prosecutorial Discretion May Be Considered
A request may be stronger when the client has positive equities, humanitarian concerns, pending immigration benefits, long residence in the United States, U.S. citizen or lawful permanent resident family members, medical issues, caregiving responsibilities, community ties, military family connections, or other compelling circumstances.
The government may also consider negative factors such as criminal history, immigration violations, prior orders, public safety concerns, or national security issues.
Evidence for a Prosecutorial Discretion Request
A strong request may include:
- Family relationship evidence
- Proof of long-term residence
- Medical records
- Caregiving evidence
- Proof of pending USCIS petitions or applications
- School, work, tax, or community records
- Letters of support
- Evidence of rehabilitation, if applicable
- Humanitarian hardship evidence
- Proof of identity and address
How We Can Help
Kanu & Associates, P.C. can assist with:
- Prosecutorial discretion eligibility review
- Case history analysis
- Immigration court strategy
- Evidence preparation
- Drafting the request
- Communication with DHS counsel where appropriate
- Coordination with pending USCIS applications
- Next-step strategy if discretion is granted or denied
Speak With a Prosecutorial Discretion Attorney Today
If you or a loved one is in immigration court and may have strong equities or a pending immigration benefit, contact Kanu & Associates, P.C. today to discuss whether prosecutorial discretion may be appropriate.