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Prosecutorial Discretion Template

Oct 1, 2011 6:24:30 AM / by Staff Attorney

To view our prosecutorial template, please go here: http://goo.gl/AUIuk

1. I have distilled the information from two separate John Morton memos. The first Morton memo discusses the priority levels of immigrants the federal government seeks to remove. The second Morton memo is the more recent “prosecutorial discretion” memo that discusses multiple characteristics that ICE chief counsels will look at when deciding whether to exercise the power they have to grant some form of prosecutorial discretion.


  1. Do not insert your information directly into this document – it can be publicly seen. Instead…
  2. Instead go to “File” on the top left of the document, pull down the menu and go to “Make a copy.” The copy you make is yours, it is private and you can do what you want with it.
  3. The Analysis section is for you write how a particular element impacts you; describe how you do or don’t meet that element.
  4. The “Plus for Alien?” is for you to decide whether that elem,ent is good for you or not. If it doesn’t help you then you would leave it out of a memo to an ICE attorney.
  5. The “Evidence” column is to make a note of the evidence (documents, declarations, etc) you have to support your claim that the element supports your prosecutorial discretion request.

This worksheet is used in this office to analyze whether a client has any hope for prosecutorial discretion. Please consult an immigration attorney before approaching any ICE prosecutorial with such a request.

Topics: Deportation

Staff Attorney

Written by Staff Attorney


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