2014 Presidential Action Email #3

November 26, 2014

Dear Friends,

This third email to you will outline how the new Presidential Action will affect persons who do not qualify for relief from removal in proceedings before the Immigration Court. These people may request prosecutorial discretion (“PD”) from Department of Homeland Security (“DHS”), including Immigration and Customs Enforcement (“ICE”) to administratively close or possibly to dismiss their removal case.

DHS has announced three new categories of removal enforcement priorities. DHS personnel is expected to exercise discretion and pursue these priorities at all stages of the enforcement process.
Prosecutorial discretion applies to the following: Decisions to issue, serve, file, or cancel a Notice to Appear; who to stop, question, and arrest; who to detain or release; whether to settle, dismiss, appeal, or join in a motion on a case; and whether to grant deferred action, parole, or a stay of removal instead of pursuing removal in a case.

Please email our new legal assistant, Dawn Davide, at ddavide@jeriflynn.com if you would like to be omitted from 1) this particular listserve (November 21, 2014, Presidential Action) or 2) from all further listserves from www.jeriflynn.com.

Si Usted quiere recibir estos correos electronicos en Espanol, por favor diga a Dawn Davide a ddavide@jeriflynn.com lo mas pronto posible.

***
Prosecutorial Discretion

Who will now be able to apply in the United States:

Persons in Immigration Detention
Persons in Removal Proceedings before the Executive Office of Immigration Review
Persons with removal orders issued BEFORE January 1, 2014, not in ICE custody, but who are scheduled to be removed.
Persons whose previous PD request was denied

Who will not be able to apply:

1. Persons who are threats to national security, border security, or public safety (state/local felony convictions & aggravated felony convictions)
2. Persons who have multiple or “significant misdemeanor” convictions and new immigration violations after January 1, 2014
3. Persons who have final orders of removal issued on or after January 1, 2014

We would be happy to assist you now or later to determine your potential eligibility for prosecutorial discretion. Simply call Dawn at extension 21 to make an appointment.

Paige L. Ellison

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