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4SCHOOL OF LAWTHE UNIVERSITY OF TEXAS AT AUSTINImmigration Clinic • 727 E. Dean Keeton St. • Austin, TX 78705-3299(512) 232-1292 / 232-1310 • FAX (512) 232-0800December 7, 2010Ms. C HDeputy Chief CounselOffice of the Principal Legal AdvisorImmigrations and Customs EnforcementU.S. Department of Homeland SecurityCity, StateRe: E DA #Re: Request for Prosecutorial Discretion and Deferred ActionMaster Calendar Hearing: November XX, XXXXDear Ms. H:I am writing to respectfully request that you exercise favorable prosecutorialdiscretion and grant deferred action on behalf of E D, whose case is currently beforethe Immigration Court in XX. He was placed in proceedings after being detained in theXX airport for lack of identification, after traveling to XX for a SAGE (Students forthe Advancement of Global Entrepreneurship) competition. E ’s first court hearingwas on XX where he was granted a continuance in order to find legal representation.His next master calendar hearing is scheduled on XX in XX.E is an 18-year old young man who is a freshman at the University of C (TabD). He is a first generation college student in his family (Tabs B,C,D). Since arrivingin the United States at age four, he has demonstrated a strong commitment to both hiseducation and his community. Currently, E is pursuing his academic and professionalgoals of obtaining a master’s degree in Information Technology. He is also consideringthe possibility of obtaining a Ph.D. He obtained numerous awards for grades and
5attendance throughout elementary, middle and high school. In high school, Emaintained a 3.8 GPA throughout his four years and received numerous awards for hisentrepreneurial endeavors in starting up a small computer repair business as well as forhis networking design. Not only did he earn the title of Tech Prep Student of the Yearfrom the Greater C Tech Prep Consortium, but also became a leader in his local SAGEchapter (Tabs B,C,D). These multiple achievements and awards demonstrate that he isa valuable asset to our country and evidence his exemplary life.E is not eligible for any other form of relief from removal. His only chance tocontribute to the United States as an exemplary student, aspiring professional, andcommunity voice, is through a favorable exercise of prosecutorial discretion.Factors to be considered when exercising prosecutorial discretionIn a memo dated November 17, 2000 and redistributed in 2007, the immigrationagencies emphasized the importance of exercising prosecutorial discretion in appropriatecases to ensure that government resources were used efficiently and effectively. 1 In asimilar memo dated October 24, 2005, the United States Department of HomelandSecurity stated that the “universe of opportunities to exercise prosecutorial discretion islarge.” 2 The 2005 memo urged ICE attorneys to exercise prosecutorial discretion, in thepresence of “appealing humanitarian factors,” to ensure judicial economy and efficiencyof process as well as the promotion of justice. 3 The memos specifically provide for theexercise of prosecutorial discretion to withdraw a previously filed Notice to Appear orotherwise to resolve removal proceedings already underway (Tab K).These memos have laid out the factors to be considered when deciding whether toexercise prosecutorial discretion:1. Humanitarian Concerns: Relevant humanitarian concerns include, but are notlimited to, family ties in the United States; medical conditions affecting the alienor the alien’s family; the fact that an alien entered the United States at a veryyoung age; ties to one’s home country (e.g. whether the alien speaks the languageor has relatives in the home country; extreme youth or advanced age;; extremeyouth or advanced age; and home country conditions.2. Criminal History: When evaluating an individual’s criminal past, officers shouldtake into account the nature and severity of the crime, the time elapsed, evidenceof rehabilitation, whether the individual has been a repeat offender, and theseverity of the sentence imposed by the court. Id.1 Memorandum “Exercising Prosecutorial Discretion” Doris Meissner, Commissioner (November 17,2000) [Hereafter 2000 Prosecutorial Discretion Memo]; Memorandum: “Prosecutorial and CustodyDiscretion.” Julie L. Myers, Assistant Secretary (November 7, 2007) [Hereafter 2007 ProsecutorialDiscretion]2 Memorandum: “Prosecutorial Discretional” William J. Howard, Principal Legal Advisor (October 24,2005) [Hereafter 2005 Prosecutorial Discretion Memo]3 Id.
Page 1 and 2: PRACTICE ADVISORY 1Updated June 24,
Page 3 and 4: of a noncitizen or an immediate rel
Page 5 and 6: Prosecutorial discretion applies in
Page 7 and 8: exercised with respect to detainers
Page 9 and 10: For a full discussion of deferred a
Page 11 and 12: The decision should be based upon t
Page 13 and 14: 6. Provide the evidence that the of
Page 15 and 16: individual granted favorable prosec
Page 17 and 18: ATTACHMENTSUMMARY OF DHS GUIDANCE O
Page 19 and 20: discretion and provides numerous ex
Page 21 and 22: 1SCHOOL OF LAWTHE UNIVERSITY OF TEX
Page 23: 3TOOLKIT FOR DREAMERSUniversity of
Page 27 and 28: 7this competition is to motivate hi
Page 29 and 30: 9removal or a stay of removal under
Page 31 and 32: 11In a memo dated November 17, 2000
Page 33 and 34: 13and only 5% of the undergraduate
Page 35 and 36: 15VI. ConclusionIn sum, we request
Page 37 and 38: 17Letter from E D’s aunt. R DLett
Page 39 and 40: 192005‐2006 Report CardCertificat
Page 41 and 42: 21Letter from Teacher, Mrs. K HCert
Page 43 and 44: 23Suggestions for AffidavitsIntrodu
Page 45 and 46: 25AffidavitI, E D, do solemnly swea
Page 47 and 48: 27have to leave my closest group of
Page 49 and 50: information technology, and as soon
Page 51: 31[SCHOOL LETTERHEAD] (if possible)
Page 54 and 55: 34SCHOOL LETTERHEAD (if possible)Da
Page 56 and 57: Table of ContentsAcknowledgements .
Page 58 and 59: IV. Community Support and Organizin
Page 60 and 61: AcknowledgementsThis toolkit was pr
Page 62 and 63: PrefaceI. PURPOSEThe purpose of thi
Page 64 and 65: law, representing individuals, fami
Page 66 and 67: Background: Private BillsI. INTRODU
Page 68 and 69: pressured to introduce private bill
Page 70 and 71: International Law (hereinafter Hous
Page 72 and 73: sends it to ICE. 43 Once the ICE Of
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• The addresses and telephone num
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members indicating their support. 7
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order to obtain work authorization,
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o Whether the Congressperson is up
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o Write letters to the editors of l
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Best Practices for Pursuing a Priva
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In general, it seems to be more dif
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The dates of all entries (legal and
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Reach out to non-profit or activist
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Background: Deferred ActionI. INTRO
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(1) advanced or tender age; (2) man
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or federal law enforcement authorit
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the likelihood of ultimately removi
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Agencies may exercise enforcement d
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ties to one’s home country (e.g.,
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Another useful document in the chro
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“leaked” and met with controver
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absence of comprehensive reform of
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o The USCIS CIR Alternatives Memo,
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How is deferred action granted?o It
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involvement with drugs or gangs; an
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employment histories, character ref
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V. CONTACTING THE MEDIAAgencies are
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Client AType of Case: Private billL
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Client BLocation: PennsylvaniaType
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Client CType of Case: Deferred Acti
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petitions” to call attention to h
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month, the bill became a private la
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A Facebook group was created and ov
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had yet requested that relief on hi
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Education Not Deportation:A Guide f
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AcknowledgementsThis guide was prod
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TABLE OF CONTENTSI. General Introdu
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Legal Section
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II. Historical AccountThe DREAM Act
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April 21, 2010The Honorable Janet N
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Why should we have a moratorium toh
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Where can you find an attorney?You
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What does Immigration and CustomsEn
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Given the severe court backlogs, it
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What if you receive a “bag and ba
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CampaigningStrategies Section
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Table of ContentsII. Stage One: Adv
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Talking To Your TeachersThe followi
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Getting Your Friends to Make Phone
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Set Up a Meeting With Your Senator
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Targets: What is a Target?In this i
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Your future - What are your hopes f
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Creating a PetitionThis is by far t
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Creating a BuzzOkay, so you have yo
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Stick to your talking points:Do you
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Tips & TricksConclusion1. Are you r
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AppendixI. Glossary of Legal TermsA
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II. SAMPLE #1 DEFERRED ACTION APPLI
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Mr. Li was only 14-years old when h
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E. PROVIDNG SAFE HARBOR FOR MR. LI
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Lara’s achievements and the words
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Sample Media Advisories/StatementsS
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Sample Media Advisory (2)Media Advi
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MAXIMIZING YOUR MEDIA IMPACT:Lesson
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3. Managing interviews: Don’t be
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Sample Resolution 2: Board ofEducat
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