Edward J. Cuccia, ESQ. on "Prosecutorial Discretion"

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On August 18, 2011, the Obama Administration has given us new reason to hope.  On August 18, 2011, the President put forth a new proposal whereby the Department of Homeland Security will begin review of all 300,000 pending deportation cases in Immigration Courts to determine which individuals will be considered for "prosecutorial discretion."



For more information, please call us at 212-966-7775

Ferro & Cuccia updates:

  • F&C gears up for prosecutorial discretion - August 18, 2011
  • Edward J. Cuccia and Ammy Lim at Fujian Association in New York to discuss Prosecutorial Discretion - September 9, 2011
       
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National news on Immigration
keeping you up to date


Administration says it will conduct case-by-case review of deportation

August 19, 2011 In a move that could shake up the U.S. immigration system, the Department of Homeland Security is going to begin reviewing all 300,000 pending deportation cases in federal immigration courts to determine which individuals meet specific criteria for removal and to focus on "our highest priorities."

Sources:  CNN.com
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 U.S. Issues New Deportation Policy’s First Reprieves

August 22, 2011 - The call came in the morning to the lawyer representing Manuel Guerra, an illegal immigrant from Mexico living in Florida who had been caught in a tortuous and seemingly failing five-year court fight against deportation.

Sources:   NYTIMES.com
 
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August 26, 2011 - The Department of Homeland Security said the government would review about 300,000 deportation cases pending in federal immigration courts. Lower-priority cases -- those not involving individuals considered violent or otherwise dangerous -- would be suspended under the new criteria.

Sources:  CNN.com
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September 29, 2011 A federal judge has again temporarily blocked enforcement of key parts of a tough immigration law in Alabama.


Sources:  CNN.com

Be in the zone!

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Not familiar with the procedures of prosecutorial discretion?  
 
What is prosecutorial discretion?
 
“Prosecutorial discretion” is the authority of an agency or officer to decide what charges to bring and how to pursue each case.  A law-enforcement officer who declines to pursue a case against a person has favorably exercised prosecutorial discretion. The authority to exercise discretion in deciding when to prosecute and when not to prosecute based on a priority system has long been recognized as a critical part of U.S. law. The concept of prosecutorial discretion applies in civil, administrative, and criminal contexts. The Supreme Court has made it clear that “an agency’s decision not to prosecute or enforce, whether through civil or criminal process, is a decision generally committed to an agency’s absolute discretion.” Heckler v. Chaney 470 U.S. 821, 831 (1985).


USCIS fee increase

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New Immigration fees effective 
November 23, 2010


 

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