Find Top Deportation Lawyers Near You
A deportation attorney Los Angeles can help with many things. Sometimes you do not qualify for anything when picked up by U.S. Immigration, or taken into custody. Brian Lerner, deportation attorney Los Angeles explains that you might not qualify for adjustment of status, registry, cancellation of removal, waivers, asylum, convention against torture or withholding of removal. The deportation attorney Los Angeles might then suggest and be able to prepare what is known as Prosecutorial Discretion.
The deportation attorney Los Angeles explains that Prosecutorial Discretion is basically a type of application where there are no other alternatives, or when there might be alternatives available in the future, but not now. This might exist if for example, you have a visa number that might become current in a few years. Brian D. Lerner, deportation attorney Los Angeles explains that in these types of cases, rather than just giving up and leaving the U.S. or being deported, that Prosecutorial Discretion might very well be the best option.
The deportation attorney Los Angeles explains that the Prosecutorial Discretion may be exercised at any stage of an immigration case. Specifically, Brian D. Lerner, deportation attorney Los Angeles explains that prosecutorial discretion may be exercised when deciding whether to: issue a detainer; initiate removal proceedings; focus enforcement resources on particular violations or conduct; stop, question, or arrest a particular person; detain or release someone on bond, supervision, or personal recognizance; settle or dismiss a removal case; stay a final order of removal; pursue an appeal; and/or execute a removal order. The deportation attorney Los Angeles goes on to explain that examples of the favorable exercise of prosecutorial discretion in the immigration context include a grant of deferred action; a decision to terminate or administratively close removal proceedings; a stay of removal; or a decision not to issue a charging document in the first place.
The Law Offices of Brian D. Lerner discusses who has the power to issue a favorable decision in Prosecutorial Discretion. The deportation attorney Los Angeles states that ICE, USCIS, and CBP officers have the authority to exercise prosecutorial discretion. Because prosecutorial discretion is a process that determines whether the government is going to pursue enforcement in a case, the initial decisions are made by those immigration officers assigned to the case. Once the initial decision is made to issue a Notice to Appear (a document that formally initiates removal proceedings by charging an individual with immigration violations), the deportation attorney Los Angeles states that further decisions about continuing the government’s case will be made at higher levels within ICE or DHS. Brian Lerner, deportation attorney Los Angeles explains that the June 2011 Morton memo clarified that the following ICE officers have the authority to exercise Prosecutorial Discretion: officers, agents, and their supervisors within Enforcement and Removal Operations who have authority to engage in civil immigration enforcement; officers within Homeland Security Investigations who have authority to engage in civil immigration enforcement; attorneys and their respective supervisors within the Office of the Principal Legal Advisor who have the authority to represent ICE in immigration court; and the Director, Deputy Director, and senior staff of ICE. Ultimately, explains Brian D. Lerner, deportation attorney Los Angeles, the Secretary of Homeland Security, as the official within the executive branch specifically charged with enforcing the Immigration and Nationality Act, is in a position to exercise Prosecutorial Discretion over every case. Because DHS now has announced that the Morton memo will apply to USCIS and CBP, there may be further guidance issued clarifying who within these two components has Prosecutorial Discretion authority explains the deportation attorney Los Angeles.
Therefore, Brian D. Lerner, deportation attorney Los Angeles explains that we would request Prosecutorial Discretion based upon the facts of this case and that Prosecutorial Discretion can be exercised by multiple agencies and officers of the U.S. Government. It would be wise to make sure that you hired a qualified and experienced deportation attorney Los Angeles. Brian D. Lerner explains that many deportation attorney Los Angeles are not aware of the laws or procedures governing the issuance of Prosecutorial Discretion. The deportation attorney Los Angeles must make a persuasive brief with arguments, exhibits, declarations and other matters which clearly show that it is warranted. If the deportation attorney Los Angeles makes the proper arguments to the correct official, there would be a reasonable chance of success. Therefore, explains Brian D. Lerner, try to get the Prosecutorial Discretion prepared by the best deportation attorney Los Angeles.