GTHOMAS
Fri, Apr 20, 2018

Prosecutorial Discretion

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Closing cases for prosecutorial discretion (PD), has become a somewhat common practice at the Los Angeles, and other, Immigration Courts.  What people may not know, is what PD actually means.  Essentially, it means that the Government does not think that an individual is a danger to the community, so they are exercising their discretion not to prosecute the case.  If the Judge agrees with the Government's request for PD, it will take your case off of the Immigration Court's calendar.  The case still exists, but unless either you or the Government ask, it will not come back in front of the Judge.  A grant of PD will allow you to remain in the United States, and renew your work permit, indefinitely.  If you were to become eligible for some kind of permanent status, through marriage, or your children, then you could ask that the Judge permanently close the case.  On the other hand, if you were arrested for some kind of crime, the Government could ask that the case come back before the Judge to proceed.

It is important to note, that PD is not right for everyone, because it is NOT a path to any sort of permanent status.  It is important to discuss your options with a lawyer before you make any sort of decisions about whether you want PD, and to determine if you are even eligible for it.

Helpful U.S. Immigration Links

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Here you will find many helpful links to the U.S. Department of Homeland Security Citizenship & Immigration Services.