Immigration reform remains stalled in Congress, but that doesn’t mean that the system isn’t changing. A report issued by researchers from Syracuse University indicates that an increasing number of immigrants who face deportation are seeing their cases dismissed thanks to prosecutorial discretion (PD). The interesting thing is, PD was not originally intended to work as it does now.

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In 2011, PD was put into effect in order to ease some of the strain off of an overburdened court system, allowing prosecutors to dismiss deportation cases if the defendants met certain criteria. For instance, how long the defendant has lived in the United States and whether or not members of their immediate family are citizens are mitigating factors that can influence a PD.

Although the percentage of cases that are closed by PD vary by court, the nationwide percentages indicate that the number of cases is growing. In 2012, only 4.7 percent of cases ended by PD. In 2013, that number rose to 8.5 percent.

The Number Of Approved Mitigating Factors Is Growing, Causing The Number Of PDs To Increase

One of the most common mitigating factors involves childhood arrivals. According to the Department of Homeland Security, an immigrant may have their deportation case dismissed if they meet a set of criteria that includes arriving in the United States when they were 15 years old or younger and not having been convicted of a felony or three misdemeanors.

If you are facing deportation, the best way to increase your chances of staying in the United States is to contact an immigration attorney. Backed by 15 years of experience, Rusty O’Brien of O’Brien Law Group can represent you as a deportation lawyer in Queens or Staten Island. To discuss your case with a skilled immigration attorney, Call Us At 502-400-7890 Today!

A Deportation Case Could Also Be Dismissed Based On Family Members With Military Service Records

Last November, the U.S. Government announced a new mitigating factor that could be considered by prosecutors. If the immigrant who is facing deportation has close relatives who served in the military, that immigrant could be eligible for a reprieve. The number of deportation cases also decreased dramatically last year, offering immigrants and their supporters more encouragement.

These cases are very complicated and time consuming; so, if you have been named a defendant in a deportation case, the best step that you can take is to speak with an attorney as soon as possible. At O’Brien Law Group, we will discuss your options with you and determine if you are eligible for a reprieve. To find out more about our service or to speak with an attorney about your case, Call Us At 502-400-7890 Today!.

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