Resources for 8-24-11 Seminar - AILA webCLE

63. Eligible or likely to be eligible for relief: Although not determinative on its own,it is relevant to consider whether there is a legal avenue for the alien to regularizehis or her status if not removed from the United States. The fact that the Service(Now DHS) cannot confer complete or permanent relief, however, does not meanthat discretion should not be exercised favorably if warranted by other factors. Id.4. Community attention: Expressions of opinion, in favor of or in opposition toremoval, may be considered particularly for relevant facts or perspectives on thecase that may not have been known to or considered by the INS (Now DHS).Public opinion or publicity (including media or congressional attention) shouldnot, however, be used to justify a decision that cannot be supported on othergrounds. Public and professional responsibility will sometimes require the choiceof an unpopular course. Id.The 2007 memo also states that there may be other factors that are appropriate toconsider. The decision should be based on the totality of the circumstances, not on anyone factor considered in isolation. Id. Additionally, a recent ICE memo dated June 30,2010 does not list cases involving undocumented college students as priority removalcases (Tab K).I. E has strong humanitarian factors in his caseE has lived in the United States since he was four years old. His entireimmediate family including his mother, father, brother and sister reside in the UnitedStates. Furthermore, his brother and sister, as well as his uncle, aunt and their children,are American citizens (Tabs G,H). While growing up in H, O, E attended elementaryschool at M Elementary School. He received numerous awards for the honor roll andattendance, and was elected class student council representative during one year.Throughout elementary, middle, and high school, E received President’s Awards forEducational Excellence. While in middle school, he received an advanced score inmathematics on an O Achievement Test in 2005 (Tabs D,E,F). In high school, Econtinued to excel, receiving numerous awards for high honors and attendance (TabD). While E has received many awards for his academic performance in varioussubjects, his accomplishments in math and computer technology stand out (TabsD,E,F). This achievement in math and computer technology is not only demonstratedby the fact that awards in these subjects outnumber awards in all other subjects, butalso by the fact that he recently was honored for his role as math tutor at his university(Tab C,D). Furthermore, he has received numerous honors for his entrepreneurship andhigh scores in computer and information technology (Tabs C,D).At R High School, E did extremely well as both a student and communityleader. He maintained a 3.8 GPA throughout his four years while taking AP Calculusas well as college level courses in Computer and Information Technology. (Tab D). Ewas placed on honor rolls for his grades and school attendance. He served as presidentand technician of Support Tech, a small computer repair business that he helped foundin H, and won fifth place at a national entrepreneurship competition known as SAGE(Students for the Advancement of Global Entrepreneurship) (Tabs C,D). The goal of