Prosecutorial Discretion (PD)
Strategic guidance on negotiating favorable Prosecutorial Discretion with ICE OPLA government counsel. Joint motions to dismiss removal proceedings, administrative closure, and equity-based relief.
Prosecutorial Discretion (PD) Overview
DHS & ICE Office of the Principal Legal Advisor (OPLA) • Discretionary Relief in Removal Cases
Resolving Removal Proceedings Through DHS Agreement
Prosecutorial Discretion (PD) is the inherent legal authority of DHS and ICE OPLA government attorneys to make strategic decisions regarding the enforcement of immigration laws. In immigration court (EOIR), PD allows respondents and government counsel to jointly agree on resolving or narrowing removal cases.
By obtaining favorable PD, individuals facing deportation can have their immigration court cases dismissed or terminated without an order of removal, allowing them to pursue affirmative benefits (such as family-based adjustment of status, U-Visas, SIJS, or humanitarian relief) with USCIS.
OPLA assesses PD requests based on mitigating equities (length of US residence, US citizen family ties, community ties, rehabilitation) weighed against public safety, national security, and border security priorities.
Available Relief Forms
- Joint Motion to Dismiss: Dismisses NTA without prejudice, ending court proceedings completely.
- Administrative Closure: Pauses court docket indefinitely pending USCIS adjudication.
- Joint Motion to Reopen: Reopens final removal orders where new relief is available.
Anatomy of an OPLA PD Submission
Building an Evidence-Heavy Equity Dossier for DHS Counsel
Legal Pathway Memorandum
Clear demonstration of an underlying affirmative path (e.g., approved I-130, pending I-360 SIJS, or I-918 U-Visa) ready for USCIS processing upon dismissal.
Substantial Equities Dossier
Certified birth certificates of USC children/spouse, proof of steady employment, 5+ years of IRS tax filings, homeownership, and community letters of support.
Criminal History Clearances
Certified FBI identity history summary, state police background checks, and certified court dispositions proving absence of disqualifying criminal history.
Need Legal Guidance on Your Immigration Matter?
Connect with experienced immigration attorneys and accredited practitioners to evaluate statutory relief, filing strategies, and procedural defenses.