In a previous episode, I talked about the return of prosecutorial discretion at immigration court.
This is the discretion given to an immigration officer to decide whether or not to enforce the law against a person. If the judge declines to pursue removal actions against an immigrant, he or she has favorably exercised prosecutorial discretion.
It does not mean the immigrant is permanently freed from prosecution. It only puts the case on hold.
Usually, this action is taken when the judge has reviewed the immigrant’s file and feels the immigrant has a good chance to win their case outside the court system.
Here are 10 key factors the judge is likely to explore.
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