Understanding Prosecutorial Discretion in a U.S Deportation Case

Finding out that you are going to be deported can be very difficult to deal with. You may feel confused, sad, and scared about what to expect and what your options are for staying in the country and avoiding removal. During these trying times it is important not to go through the process alone. Not only can your friends, family, local groups, and churches be a means of strength and guidance, but speaking with an immigration attorney can be another advantageous resource for you to manage your situation.

In Georgia, the Atlanta deportation defense attorneys at Shirazi Immigration Law, Inc. know how complex U.S. deportation laws are. Having a profound understanding of the laws, recent trends, and updated court decisions allows the legal team at Shirazi Immigration Law, Inc., to determine the most effective deportation defense for your particular circumstances.

How Can a Prosecutor’s Description Affect Your Deportation Case? 

If you are an immigrant or noncitizen who has committed certain crimes while in the U.S. you may be subject to deportation. Crimes that are considered those of moral turpitude such as, but not limited to, theft, drug offenses, or fraud, for example, can be deportable offenses. If you are facing deportation, U.S. immigration agencies handling your case will have prosecutorial discretion to look at all the details in your case and make an informed decision about it.

It is important to understand that even if you made a mistake and were convicted of a deportable crime in the United States, not all cases are the same. Your case may or may not require immediate attention because the details matter, and some cases are much more of a priority than others. Any one of the immigration agencies, the U.S. Citizenship and Immigration Services (USCIS), the U.S. Department of Homeland Security (DHS), or the U.S. Immigration and Customs Enforcement (ICE) will have prosecutorial discretion to examine the cases brought before them, and choose which cases need immediate action and which are non-urgent and can wait.

There are finite resources within the immigration system. This is why there is a hierarchy concerning which cases are seen and acted upon and which are put on the back burner. It is primarily to optimize the limited resources available.

When subject to deportation, you may be able to apply for prosecutorial discretion if your case is pending or is not a priority. When your case is pending, you should apply as soon as possible to mitigate the risk of being deported. On the other hand, when your case is determined not to be a priority you may move to have your case closed.

Typically, individuals who entered the country after November 1, 2020, and those individuals deemed a National Security Threat are usually in the priority deportation category.

Speak with an Atlanta Deportation Defense Attorney Today

 Deportation is a serious matter that you should not wait on before you act and connect with an attorney for assistance.

For a consultation to discuss your needs and case, please call Shirazi Immigration Law, Inc. today at 404-523-3611. One of our Atlanta, GA, immigration lawyers is here for you and ready to help.

Source:

travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Certificates-Non-Citizen-Nationality.html