Requests For Prosecutorial Discretion
On June 17, 2011, Immigration and Customs Enforcement (ICE) announced that it would no longer be seeking deportation in low-priority cases. ICE attorneys and officers have a broad authority to exercise discretion in deciding whom to detain, whom to place in removal proceedings and when to grant deferred action, as well as when to terminate removal proceedings and when to execute a final order of removal. Although the current administration rescinded the guidance for Prosecutorial Discretion, there are still individuals who may qualify for Prosecutorial Discretion. If you are facing removal or are the subject of a final order of removal, it may be possible to submit a request for prosecutorial discretion and stop your deportation.
Attorney Alex Solomiany provides knowledgeable and experienced representation to clients who are facing removal. From his office in Miami, Florida, he offers a valuable initial consultation in which he will review your case, answer your questions and give you a straightforward assessment of your chances at avoiding removal.
Low-Priority and High-Priority Cases
Prosecutorial discretion is used to close deportation and removal cases that ICE considers to be low priorities. What constitutes a low priority varies from case to case. In making this determination, ICE may consider the following:
- Amount of time spent residing in the United States
- Family ties in the United States
- Immediate family members in the United States who are permanent residents or U.S. citizens
- Age at the time of entry into the United States
- Any pursuit of education in the United States
- Service in U.S. Armed Forces
- Lack of criminal history
- Immigration history
- No threat to national security or public safety
- Conditions in the individual’s home country
- Likelihood of being granted temporary or permanent status in the future
If you are currently facing deportation, Mr. Solomiany can guide you through the process of requesting prosecutorial discretion. He is board-certified in Immigration and Nationality Law by the Florida Supreme Court. This certification recognizes his knowledge and skill in the area of immigration and nationality law.
Learn about Your Options to Stay in the U.S.
Facing the possibility of deportation can be overwhelming. Based in Miami, Alex Solomiany has the knowledge to seek opportunities such as prosecutorial discretion for your case. Email the Law Offices of Alex Solomiany, P.A., or call 305-373-1105 to get a case review.