The criminal justice system gives prosecutors the discretion to charge defendants with a lesser crime if they plead guilty or to dismiss more serious charges in exchange for a guilty plea.
This is similar to the discretion that ICE prosecutors have to decide whether someone is an enforcement priority and, if not, to either dismiss the case, or agree to administrative closure.
Administrative closure is often preferable to the completion of removal proceedings, as it allows the individual to remain in the United States indefinitely while retaining their work authorization as their application is considered still pending. This can be a significant advantage if the person has applied for asylum or cancellation of removal yet does not feel confident enough to proceed to the merits of those applications.
However, family petitions and other applications can change the outlook of the situation. For example, if somebody has come to the United States on a student or visitor’s visa and then acquires an immediate relative who can petition for them, their status may be changed.
What Can Be Done If Relief in Removal Proceedings Is Denied?
If your application for relief is denied, you have the option to appeal the decision.
You can file an appeal with the Board of Immigration Appeals, and if that is unsuccessful, you can file a federal appeal with the US Courts of Appeals.
It’s wise to employ an immigration attorney to navigate these steps.
For more information on Immigration Law, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (703) 775-1438 today.