The review will be on a case-by-case basis and is intended to identify “low priority” cases and when appropriate, close such cases administratively. This allows the government to better focus its enforcement resources on cases involving national security, public safety, border security and repeat immigration law violators.
A case administratively closed means it is removed from the calendar of the immigration court and remains pending, although inactive. Prosecutorial discretion may be done at any stage of the proceeding but US ICE (Immigration and Customs Enforcement) officers, agents, and attorneys are encouraged to exercise such discretion as early on in the case as possible to ensure that the focus of its enforcement resources will be on priority cases. Though it does not give any legal status to the alien respondents, it will allow them to apply for work authorization with the USCIS once their cases are administratively closed.
As the term implies, there is no guarantee ICE will exercise its discretion favorably at the end by determining that a case is low priority and administratively close such case. The June 17, 2011 Memo from USCIS provides a long list of factors that will be considered by ICE officers, agents and attorneys in the exercise of prosecutorial discretion - such as agency’s civil immigration enforcement priorities; the person’s length of presence in the United States, with particular consideration given to presence while in lawful status; the circumstances of the person’s arrival in the United States and the manner of his or her entry, particularly if the alien came to the United States as a young child; the person’s pursuit of education in the United States, with particular consideration given those who have graduated from a U.S. high school or have successfully pursued or are pursuing a college or advanced degrees at a legitimate institution of higher education in the United States.
The list is neither complete nor exhaustive. As stated earlier, the review is on case-by case basis and based on the totality of the circumstances. Notably, the same memo also provides that cases involving veterans and members of the US Armed Forces, long-time lawful permanent residents, minors and elderly individuals, pregnant or nursing women, among others, should prompt particular case and consideration.
How the local ICE officers, agents and attorneys will implement the directive to administrative close low priority cases and assess each case individually still remains to be seen.
If you are contemplating of filing an immigration petition and other related immigration applications, it is advisable to seek the counsel of an immigration lawyer to guide you on the intricacies of filing for such a petition.
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Atty. Gwendolyn Malaya-Santos is a member of the State Bar of California and the Integrated Bar of the Philippines. To schedule for a free initial consultation, please call Tel. Nos. (213) 386-5651 (Los Angeles office) or (626) 329-8215. Attorney Santos’ offices are located at 3540 Wilshire Blvd., Suite 1012, Los Angeles, CA 90010 and Riverside Turner Riverwalk, 11801 Pierce Street, 2nd Floor, Riverside, CA 92505.
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Information contained in this article does not, nor is it intended to, constitute legal advice for any specific situation and does not create a lawyer-client relationship. It likewise does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy code.
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