Prosecutorial Discretion in Prince William County Cancellation of Removal Cases

If someone is facing immigration court, they will need a dedicated immigration attorney. Prosecutorial discretion is a broad term, and there are many different ways it can play a factor out in immigration cases. An attorney can reach out to the prosecutor on their client’s behalf and build a strong application.

During a cancellation of removal case, you will want legal representation. They can collect appropriate documentation for the hearing and build a strong application. An experienced cancellation of removal attorney knows what to do to take advantage of prosecutorial discretion in Prince William County on your behalf.

Role of Prosecutorial Discretion

There are several factors that play a role in prosecutorial discretion. The prosecutor can help or hinder a certain applicant’s immigration case. Prosecutorial discretion can be exercised at many different stages in the immigration process and by many different prosecutorial figures. It could be exercised by ICE officials who might be helping that person to begin with.

In some cases, the prosecutor may learn about that person’s situation of abuse or some of the compelling qualities in a person’s case. They may decide not to refer them to the immigration court or have the notice to appear issued, to begin with. It can be exercised at a very primary level. It can also be exercised in the immigration court proceedings by the DHS prosecutor if they believe that the person has provided ample documentation of the abuse suffered from evidence such as police reports and medical records. There are a variety of situations where a prosecutor might decide the evidence is very favorable to the applicant and might inform that person they will not strenuously oppose the case.

Factors that Play a Role in Case

It is a discretionary determination in most cases. If that individual has any kind of any serious criminal record, the prosecutor will not exercise prosecutorial discretion and will attempt to pursue that individual’s removal adversely as possible. This has especially been true in the current political climate. Really, it is the totality of the circumstances that determine whether the prosecutor wants to intervene or adjust their behavior on that individual’s behalf, and it involves a number of different factors.

Benefits of an Attorney

An immigration attorney will know who to reach out to, and with what types of documentation prior to an individual hearing to provide to the prosecutor. An attorney can take certain steps to build a strong application. This is critical if the lawyer wants to take advantage of prosecutorial discretion. In some cases where an individual may have a strong claim but does not want to go forward with the VAWA trial itself, an immigration attorney can reach out to the prosecutor prior to the hearing to have them shelve the case. They can administratively close the case where they there is really compelling evidence in the case. This might occur when the case is initiated or it could be prior to trial, but it will involve reaching out to the prosecutor or the ICE official who has the custody in the case. If you are applying for cancellation of removal, consult an immigration attorney immediately. They can assist you in court hearings and prepare compelling evidence.

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