The Philippine Star

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- By MICHAEL J. GURFINKEL WEBSITE: www.gurfinkel.com Follow us on Facebook.com/GurfinkelL­aw and Twitter @GurfinkelL­aw Four offices to serve you: PHILIPPINE­S: 02 or 02 LOS ANGELES SAN FRANCISCO NEW YORK: TO

When a person is placed in removal deportatio­n, they typically go in front of the immigratio­n judge I to demonstrat­e why they should not be deported or removed, such as they are immediatel­y eligible for a green card through an approved petition by a citi en spouse, or other petition with a current priority date , they are entitled to some form of waiver, etc.

But what if the person is out of status and is deportable removable and has no form of relief or efen e a ailable There still could be hope through ro ecutorial i cretion where the trial attorney TA could agree or stipulate to a mini trati el clo e or stop the deportatio­n proceeding­s. While this does not result in any legal status, the person is at least safe from being deported removed. It is sort of like a plea for mercy to the prosecutor, and if the person’s “plea is properly packaged and presented, the TA may be persuaded to exercise prosecutor­ial discretion.

The theory behind prosecutor­ial discretion is that the government does not have the resources, time, or money to deport every single person in the US who is out of status. There are an estimated million people in the US illegally, and there are not enough judges, courtrooms, or funds to go after everyone. So, the government will prioriti e and focus its resources on the really bad people in the US, such as people with criminal records, terrorists, etc. and not spend all their time going after people who overstayed but are otherwise “law abiding.

The government may, on a persuasive­ly presented case, exercise “discretion or leniency, and decide not to pursue removal proceeding­s against a person, based on several listed factors. The government can exercise prosecutor­ial discretion “at an tage of an enforcemen­t rocee ing even if the person already has an order of deportatio­n, or the case is on appeal to the BIA. But the earlier in the proceeding you request prosecutor­ial discretion, the better.

My office has handled many removal cases where the client really had no form of relief, but we convinced the government to exercise prosecutor­ial discretion and prevent the person’s removal. While I cannot “guarantee the government would exercise prosecutor­ial discretion in your case, if you have no other defenses or forms of relief, at least prosecutor­ial discretion could be your “la t o e when there is “no ol in your situation.

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