Prosecutorial discretion is the authority of an agency or officer to decide what charges to bring and how to pursue each case. A government attorney who declines to pursue a case against a person has favorably exercised prosecutorial discretion.
A range of factors can lead to a decision to favorably exercise prosecutorial discretion. Some of the factors currently include
- The person’s pursuit of education in the United States
- The circumstances of the person’s arrival in the United States
- The person’s length of presence in the United States
- Whether the person or any immediate relative has served in the armed forces
- The person’s ties and contributions to the community
- Whether the person has a United States citizen or permanent resident spouse, child, or parent
- The person’s ties to his or her home country
- Whether the person is likely to be granted some sort of temporary or permanent relief from removal
Alternatively, if you can demonstrate that you qualify for a type of legal status, government counsel may decide to favorably exercise prosecutorial discretion in your deportation case. Some of the avenues to legal status include:
- DACA or SIJ for children and young adults
- U Visa or VAWA for those who have been the victim of crimes
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