OPLA attorneys are entrusted to use their professional judgment to ensure justice in each individual case while adhering to the enduring principles that apply to all of their activities: upholding the rule of law discharging duties ethically in accordance with the law and professional standards of conduct following the guidelines and strategic directives of senior leadership and exercising considered judgment in individual cases, particularly mindful of OPLA’s limited resources. This page addresses many of the common questions that noncitizens in removal proceedings and their legal representatives may have regarding PD. PD is an inherent authority of a law enforcement agency and does not create a right or entitlement for any noncitizen. In practice, PD allows OPLA attorneys to decide on which cases to focus their finite resources and how to proceed in individual cases in light of the facts and applicable law, including, for example, agreeing to dismissal or administrative closure or entering into stipulations on legal or factual issues as well as relief, bond, and continuances. Department of Justice’s Executive Office for Immigration Review (EOIR), OPLA attorneys have the inherent authority to exercise PD on a case-by-case basis in the handling and litigation of removal cases. As the exclusive representative of DHS in immigration removal proceedings before the U.S. PD is the longstanding authority of a law enforcement agency, and an indispensable feature of any functioning legal system, that can be used to preserve limited government resources necessary to achieve just and fair outcomes in individual cases. OPLA attorneys, however, may-consistent with longstanding practice-exercise their inherent prosecutorial discretion on a case-by-case basis during the course of their review and handling of cases. Doyle’s memorandum, Guidance to OPLA Attorneys Regarding the Enforcement of Civil Immigration Laws and the Exercise of Prosecutorial Discretion (April 3, 2022), that rely on the priority enforcement framework established by the Mayorkas Memorandum when making prosecutorial discretion determinations or for any other purpose. OPLA attorneys are no longer applying the Mayorkas Memorandum or sections of Principal Legal Advisor Kerry E. Immigration and Customs Enforcement (ICE), Office of the Principal Legal Advisor’s (OPLA) Prosecutorial Discretion Determinations? How does the Vacatur of DHS’ Civil Immigration Enforcement Priorities Impact the U.S. The District Court’s order became effective Saturday, June 25, 2022, at 12:00 a.m. Mayorkas’ Septemmemorandum, Guidelines for the Enforcement of Civil Immigration Law (Mayorkas Memorandum) that set-forth DHS’ civil immigration enforcement priorities. District Court for the Southern District of Texas vacated nationwide DHS Secretary Alejandro N. Department of Homeland Security’s (DHS) Civil Immigration Enforcement Priorities Still in Effect?
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