Prosecutorial Discretion in Immigration Court: Requesting Case Closure

Prosecutorial Discretion in Immigration Court: Requesting Case Closure

Prosecutorial discretion allows government attorneys handling immigration enforcement to decide not to pursue removal in certain lower-priority cases. Understanding how this works - and its real limits - helps set realistic expectations.

What Prosecutorial Discretion Can Look Like

This can take several forms, including administratively closing a case (removing it from the active court calendar without a final decision), agreeing to terminate proceedings, or joining a motion for another form of relief. It is exercised by ICE's own attorneys, not by the immigration judge directly.

Factors That Are Typically Considered

Government attorneys typically weigh factors like the length of time someone has been in the U.S., family ties (especially to U.S. citizen or lawful permanent resident family members), community ties, lack of a serious criminal history, and current enforcement priorities.

Why This Is Discretionary and Can Change

Prosecutorial discretion is a policy tool, not a legal right - enforcement priorities can and do shift between administrations, which means a case that might have been closed under one set of priorities might not be under another. It's not a guaranteed outcome for any case.

How Vasquez Law Firm Can Help

If you think your case might be a candidate for prosecutorial discretion, our team can help evaluate the realistic chances and prepare the strongest possible request. Call 1-844-967-3536 for a free evaluation.