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10S S SCHOOL OF LAWTHE UNIVERSITY OF TEXAS AT AUSTINImmigration Clinic • 727 E. Dean Keeton St. • Austin, TX 78705-3299(512) 232-1292 / 232-1310 • FAX (512) 232-0800October 17, 2010Ms. N VImmigration and Customs EnforcementOffice of the Chief CounselCity, StateRe: PRT,A 200594535Master Calendar Hearing: November XX, XXXXREQUEST FOR PROSECUTORIAL DISCRETION AND DEFERRED ACTIONDear Ms. V,We are writing to respectfully request that you exercise favorableprosecutorial discretion and deferred action on behalf of P R‐T, whose case iscurrently before the Immigration Court in XX, Texas.P is a 22‐year old young woman who is an undergraduate at the University ofTexas at XX, majoring in political science with a minor in Latin American Studies(Tab C). Since arriving in the United States at age ten, she has demonstrated a strongcommitment to both education and to her community. In high school, sheparticipated in the honors program and took AP courses (Tab C). P participatesactively in the S community and is a member of numerous organizations on campus(Tab B).P is not eligible for any other form of relief from removal. Her only chance tocontinue to contribute to the United States as a student, aspiring professional, andcommunity voice, is through an exercise of prosecutorial discretion.Factors to be considered when exercising prosecutorial discretion
11In a memo dated November 17, 2000 and redistributed in 2007, theimmigration agencies emphasized the importance of exercising prosecutorialdiscretion in appropriate cases to ensure that government resources were usedefficiently and effectively. 4 In a similar memo dated October 24, 2005, the UnitedStates Department of Homeland Security stated that the “universe of opportunitiesto exercise prosecutorial distraction is large.” 5 The 2005 memo urged ICE attorneysto exercise prosecutorial discretion, in the presence of “appealing humanitarianfactors,” to ensure judicial economy and efficiency of process as well as thepromotion of justice. 6 The memos specifically provide for the exercise ofprosecutorial discretion to withdraw a previously filed Notice to Appear orotherwise to resolve removal proceedings already underway (Tab N).These memos have laid out the factors to be considered when decidingwhether to exercise prosecutorial discretion:5. Humanitarian Concerns: Relevant humanitarian concerns include, but arenot limited to, family ties in the United States; medical conditions affectingthe alien or the alien’s family; the fact that an alien entered the United Statesat a very young age; ties to one’s home country (e.g. whether the alien speaksthe language or has relatives in the home country; extreme youth oradvanced age; ties to one’s home country (e.g. whether the alien speaks thelanguage or has relatives in the home country); extreme youth or advancedage; and home country conditions.6. Criminal History: When evaluating an individual’s criminal past, officersshould take into account the nature and severity of the crime, the timeelapsed, evidence of rehabilitation, whether the individual has been a repeatoffender, and the severity of the sentence imposed by the court. Id.7. Eligible or likely to be eligible for relief: Although not determinative on itsown, it is relevant to consider whether there is a legal avenue for the alien toregularize his or her status if not removed from the United States. The factthat the Service (Now DHS) cannot confer complete or permanent relief,however, does not mean that discretion should not be exercised favorably ifwarranted by other factors. Id.8. Community attention: Expressions of opinion, in favor of or in opposition toremoval, may be considered particularly for relevant facts or perspectives onthe case that may not have been known to or considered by the INS (NowDHS). Public opinion or publicity (including media or congressionalattention) should not, however, be used to justify a decision that cannot be4 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]5 Memorandum: “Prosecutorial Discretional” William J. Howard, Principal Legal Advisor (October 24,2005) [Hereafter 2005 Prosecutorial Discretion Memo]6 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 and 24: 3TOOLKIT FOR DREAMERSUniversity of
Page 25 and 26: 5attendance throughout elementary,
Page 27 and 28: 7this competition is to motivate hi
Page 29: 9removal or a stay of removal under
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
Page 74 and 75: • The addresses and telephone num
Page 76 and 77: members indicating their support. 7
Page 78 and 79: 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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