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Matthew Kolken on Deportation And Removal

Prosecutorial Discretion for Removal Cases May be Coming to an End

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I just received a report that yesterday a conference call was scheduled among Offices of Chief Counsel to discuss President Trump's new executive orders with respect to guidance for requests for prosecutorial discretion for individuals in removal proceedings. As of the writing of this blog there is no new news to report, however instructions may be issued as early as today or Monday, but it is my understanding that prosecutorial discretion is still being exercised by Office of Chief Counsel.

That said, there are also reports nationwide that certain local ICE offices have put a hold on processing prosecutorial discretion requests. I will keep you posted as new information becomes available.

Update: I just received a report that in Miami local Office of Chief Counsel is no longer considering prosecutorial discretion requests, nor are they willing to join in joint motions to reopen old deportation cases.

Update: All prosecutorial discretion requests are now currently on hold in Buffalo until further notice.

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Updated 01-27-2017 at 11:21 AM by MKolken

Comments

  1. ImmigrationLawBlogs's Avatar
    Matt, do you still think that President Obama was the Devil Incarnate on Deportation, worse than whom even Plato or Parmenides would not have been able to envision in their world of forms?

    Or are you now reserving judgment on that question, at least until Trump sends in his special Sturmabteilung "Task Force" to break down doors in Buffalo and everywhere else in our Nation of Immigrants in the middle of the night and drag screaming immigrants who may have overstayed their visas by a couple of days off to his immigration detention center gulag, modeled on the one that his model of democratic rule, Vladimir Putin, is building in Russia?

    Oh, and Matt, also, do you think that prosecutorial discretion would be in such big trouble if Hillary Clinton were occupying the White House right now (as the majority of American voters in the past election cast their ballots for her to do)?

    Just asking for your thoughts out of idle curiosity.

    Roger Algase
    Attorney at Law
    Updated 01-30-2017 at 06:09 PM by ImmigrationLawBlogs
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