On June 17, 2011, Immigration and Customs Enforcement (ICE) Director John Morton issued a memorandum directing ICE staff to consider declining to put people in removal proceedings, terminating proceedings, or delaying removals in cases where people have longstanding ties to the community, U.S.-citizen family members, or other characteristics.

https://www.ice.gov/doclib/secure-communities/pdf/prosecutorial-discretion-memo.pdf

“Prosecutorial discretion” is the authority of an agency or officer to

USCIS has posted the following draft guidance for your review:

Removal proceedings may be delayed, where warranted, pending the adjudication of a direct appeal of a criminal conviction. Matter of Avetisyan, 25 I&N Dec. 688 (BIA 2012), followed.

Please help us spread this message in immigrant communities:

In a recent precedent decision, the BIA held that 8 CFR §1003.19(c) relates to venue and thus, the IJ erred in dismissing the respondent's bond redetermination request for lack of jurisdiction when he was transferred to a detention center outside the court's jurisdiction.

"This memorandum reflects new policies for the apprehension, detention, and removal of aliens in this country. This memorandum should be considered Department-wide guidance, applicable to the activities of U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and Border Protection (CBP), and U.S. Citizenship and Immigration Services (USCIS)."