Prosecutorial discretion in a cancellation of removal case means that the Department of Homeland Security has made a decision to exercise their discretion and not move forward with removal proceedings. Although Homeland Security can initiate a deportation case against a person, they can also decide not to move forward with the deportation case.
If you would like to find out more about prosecutorial discretion in Doraville cancellation of removal cases, get in touch with an immigration attorney today. A lawyer could take the time to speak with you about your case and whether you may be eligible for prosecutorial discretion.
What Factors Does Homeland Security Take into Account?
There are variety of factors, known as positive equities, that Homeland Security may take into consideration when deciding if they will exercise prosecutorial discretion on a case. Some of the factors they would take into account are the length of time the individual has been in the United States and the ties to their community regarding their employment, family, on involvement in churches or organization. They would also consider their criminal history.
If the person has family in the United States, Homeland Security may consider the individual circumstances of each person. For example, for the spouses and for the children, they would take into account their ages, their health, their legal status and any additional special circumstances by family member. Lastly, they may also consider the likelihood that the person could qualify for some other form of immigration relief in the future.
Positive equities are required for prosecutorial discretion and Homeland Security is may not exercise it unless there are overwhelming positive equities and no negative factors, or very few negative factors and overwhelming positive equities.
When Would Prosecutorial Discretion Be Denied?
Prosecutorial discretion can be denied if Homeland Security finds that there are more negative factors than positive factors or if there is just one negative factor that is weighed more heavily than all the positive factors. Generally, the biggest negative factors are criminal history. A tainted criminal record is the most common reason why someone is denied any type of immigration benefit or release and prosecutorial discretion weighs criminal history extremely heavily compared to the positive factors.
How Could an Attorney Help Your Case?
If you are granted any of the cancellations of removal, that means that you can remain in the United States and be a lawful permanent resident. After becoming a lawful permanent resident, you can eventually apply for naturalization.
To reach this point, you must make sure you have all the documentation necessary to support the information you are presenting to Homeland Security. However, it is not just about what you provide to support what you are telling Homeland Security, but as to why they should exercise discretion and let you stay in the United States.
To make the most of prosecutorial discretion, individuals should have their case reviewed by an attorney before taking legal action. A lawyer familiar with prosecutorial discretion in Doraville cancellation of removal cases could provide you with the guidance you need.