Episode 113

Published on:

6th Aug 2021

Factors Of Prosecutorial Discretion

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.

Recommended Links For More Information:

Judicial Battle Over Discretion And Due Process At Immigration Court

Deportation And Removal Defense

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About the Podcast

The Immigration Mastermind
The Immigration Mastermind is a podcast for immigrants and their families that shares tips, insights, and tidbits to help guide the quest for permanent residence and citizenship in the United States. The podcast strives to build knowledge, while dispelling myths in short bite-sized, easy-to-understand snippets of pull-no-punches information.

Designed for both immigrant families who have already started the immigration process and those just starting to think about their journey, the Immigration Mastermind provides a mix of expert tips about legal rules, insights about breaking news, and tidbits to help immigrants and their families to keep their chin up, even when the road to success seems to be a never-ending road.

About your host

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Carlos Batara

Carlos Batara is an immigration lawyer, author, educator, public speaker, and online talk show host. A graduate of Harvard Law School, he has cared for, protected, and guided immigrants from over 100 countries on their journeys to the United States. His goal is to help at least one family from every nation in the world before he calls it quits.

With family roots from Mexico, Spain, and the Philippines, as well as Native American, Greek, and Turkish ancestry, he brings a broad multicultural background to the practice of immigration law.

Combined with knowledge gained from advanced studies in international relations and constitutional politics, Carlos is always willing to speak his mind openly on immigration issues.