Beyond Deportation

Beyond Deportation

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When Beatles star John Lennon faced deportation from the U.S. in the 1970s, his lawyer Leon Wildes made a groundbreaking argument. He argued that Lennon should be granted a€œnonprioritya€ status pursuant to INS's (now DHS's) policy of prosecutorial discretion. In U.S. immigration law, the agency exercises prosecutorial discretion favorably when it refrains from enforcing the full scope of immigration law. A prosecutorial discretion grant is important to an agency seeking to focus its priorities on the a€œtruly dangerousa€ in order to conserve resources and to bring compassion into immigration enforcement. The Lennon case marked the first moment that the immigration agency's prosecutorial discretion policy became public knowledge. Today, the concept of prosecutorial discretion is more widely known in light of the Obama Administration's Deferred Action for Childhood Arrivals or DACA program, a record number of deportations and a stalemate in Congress to move immigration reform. Beyond Deportation is the first book to comprehensively describe the history, theory, and application of prosecutorial discretion in immigration law. It provides a rich history of the role of prosecutorial discretion in the immigration system and unveils the powerful role it plays in protecting individuals from deportation and saving the government resources. Shoba Sivaprasad Wadhia draws on her years of experience as an immigration attorney, policy leader, and law professor to advocate for a bolder standard on prosecutorial discretion, greater mechanisms for accountability when such standards are ignored, improved transparency about the cases involving prosecutorial discretion, and recognition of a€œdeferred actiona€ in the law as a formal benefit.33. 8 CFR As 1003.29 (2013). Continuances have been analogized by some courts to a€œadministrative closure.a€ See Garza-Moreno v. Gonzales, 489 F.3d 239, 242 (6th Cir. 2007). 34. EOIR, Immigration Court Practice Manual 96 (Apr. 1, 2008), anbsp;...

Title:Beyond Deportation
Author:Shoba Sivaprasad Wadhia
Publisher:NYU Press - 2015-06-02


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