Edward J. Cuccia, ESQ. on "Prosecutorial Discretion"
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 |
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National news on Immigration
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NY1 Exclusive: S.I. Mother Faces Deportation Over Fake Passport Used 12 Years Ago
A Staten Island mother is making a last ditch appeal to stay in the United States after being told she’ll be deported next month because the passport she was carrying when she arrived was fake. NY1’s Amanda Farinacci filed the following report.
Ying Lin arrived in the United States 12 years ago after her farmer parents gave her a passport and encouraged her to build a better life here.
She spoke no English and was just 18 when she arrived in Los Angeles.
“President Obama authorized immigration to exercise their discretion and to allow people to stay in the United States who are not criminals. Ms. Lin is not a criminal. To allow people to stay in the United States if they can show sufficient equities and good things about themselves, and we have put that type of application together,” said attorney Ed Cuccia.
Sources: NY1.com
January 3, 2012
Ying Lin arrived in the United States 12 years ago after her farmer parents gave her a passport and encouraged her to build a better life here.
She spoke no English and was just 18 when she arrived in Los Angeles.
“President Obama authorized immigration to exercise their discretion and to allow people to stay in the United States who are not criminals. Ms. Lin is not a criminal. To allow people to stay in the United States if they can show sufficient equities and good things about themselves, and we have put that type of application together,” said attorney Ed Cuccia.
Sources: NY1.com
January 3, 2012
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Be in the zone!
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). |
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