Prosecutorial Discretion Memo from EOIR Immigration Court [September 28, 2023]
There has been some major wins and some cases where there has been a long delay of the attorneys with Department of Homeland Security to the extent that they do not answer us private attorneys. There has also been courts (meaning judges) who overruled the prosecutorial discretion exercised by the Department Homeland Security and took it in their “own hands” to keep the case active in court. Therefore, the Director of EOIR, David Neal, finally issued out his own memo to the judges. It makes sense for judges to grant dismissals of cases where the individual is not a threat to anyone. There are thousands of cases who do not fit the three enforcement priorities.
Click here for the memo.
The cases where a person has been ordered removed previously are the ones that have no movement. The Mayorkas memo and Doyle memo stated that people with prior removal orders are able to get their case reopened yet the court or DHS have not actually done anything.
We have had significant success with active cases where there was an upcoming court hearing and the client has a spouse who is a United States citizen (born or naturalized) or a Legal permanent resident.
Secretary Mayorkas’s released a short statement after the Supreme Court decision in June 2023 allowing the Executive Branch to follow through with their own enforcement priorities without input from States. That was obvious, but unfortunately, a lawsuit had to take place for Texas and some conservative states to see if they can intrude on Executive authority.
“We applaud the Supreme Court’s ruling. DHS looks forward to reinstituting these Guidelines, which had been effectively applied by U.S. Immigration and Customs Enforcement (ICE) officers to focus limited resources and enforcement actions on those who pose a threat to our national security, public safety, and border security. The Guidelines enable DHS to most effectively accomplish its law enforcement mission with the authorities and resources provided by Congress.”
DHS FAQ page states the following:
On June 10, 2022, the U.S. District Court for the Southern District of Texas, in Texas v. United States, 606 F. Supp. 3d 437 (S.D. Tex. June 10, 2022), vacated DHS Secretary Alejandro Mayorkas’s Guidelines for the Enforcement of Civil Immigration Law (Sept. 30, 2021) (September 2021 Memorandum). Following this order, OPLA attorneys stopped applying the September 2021 Memorandum and sections of the Doyle Memorandum that rely on the priority enforcement framework established by the September 2021 Memorandum when making prosecutorial discretion determinations or for any other purpose. On June 23, 2023, the U.S. Supreme Court, in United States v. Texas, 143 S. Ct. 1964 (2023), issued an opinion reversing the decision of the district court. As a result of the U.S. Supreme Court’s decision, DHS and OPLA are reinstituting the September 2021 Memorandum and the Doyle Memorandum in their entirety.
If you have an order of removal or an active case and looking if your case has a possibility of getting it dismissed so you can finally file get resident status, you can call Ting Law Group at 346-770-3665.
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