Since there is not much happening regarding reform of immigration law and amnesty, the aliens, particularly those already in deportation proceedings pending in immigration courts, have to console themselves with a so called prosecutorial discretion. Pursuant to John Morton Memorandum, dated June 17, 2011, the Immigration and Customs Enforcement (the "ICE") may use in certain deportation cases prosecutorial discretion in granting various forms of relief to aliens in deportation proceedings, meeting some of the following factors: person's length of presence in the US, circumstances of arrival and manner of entry to the US, pursuit of education in the US, military service of the person or her immediate relatives, criminal history, immigration history, national security risk, ties and contribution to community, ties to home country, age, immediate relatives in the US, health, pregnancy, likelihood of obtaining permanent residency in the US or temporary status, cooperation with federal or local law enforcement authorities, etc. Not all of the above factors have to be met and some of them are more important than others. Since the relief is withing discretion of the ICE, it is important that each case is properly presented to ICE by an experienced immigration attorney. As a result of prosecutorial discretion being exercised by ICE, an alien might be granted the following forms of relief: dismissal of deportation proceeding, deferred action, parole, stay of order of deportation, etc..
Janusz W. Andrzejewski, Attorney-at-Law (212) 634-4250 is located in New York City, where for a period of more than 26 years he has conducted practice of law in the areas of personal injuries and medical malpractice, immigration law (including deportation defense), family law, and some aspects of criminal law, landlord & tenant law, and residential real estate. The above information, being subject of this post, does not constitute a legal advice, which may be given by this attorney only upon consideration of all the circumstances, which usually vary with respect to different persons.
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