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Office of the Chief Counsel – detroit, mi and cleveland, oh

Detroit and Cleveland PD Request Fact Sheet (issued September 2015) - 1

DETROIT AND CLEVELAND FACT SHEET

REQUESTS FOR PROSECUTORIAL DISCRETION

Requests for prosecutorial discretionmust be submitted to the prosecutorial discretion mailbox at (Detroit cases) or (Cleveland cases).

Terms and Conditions of Use

1.Documents that must be submitted to the above-mentioned mailboxes include the following:

  1. Requests to join in a motionto reopen(all requests must include an EOIR-27 or EOIR-28)
  2. Requests for Administrative Closure (for PD and to pursue provisional waiver)
  3. Requests for Dismissal of Removal Proceedings
  4. Requests to join in motion to recalendar and terminate for consular processing

Note: Motions that are filed with the Immigration Court or Board of Immigration Appeals are not to be submitted to the PD mailbox; rather, said motions may be submitted to OPLA Detroit or OPLA Cleveland utilizing the eService mailboxes ((Detroit) and (Cleveland).

  1. Documents submitted to the PD mailboxes must be in Adobe Acrobat (PDF) format only[1], and must be attached to email correspondence. Submissions containing only attachments will not be opened by OCC Detroit and simply deleted from the mailbox.
  1. Documents must be scanned with the same page orientation (landscape or portrait).
  1. Requests for prosecutorial discretion:
  1. Must be sent at the earliest stage possible in proceedings (if removal proceedings are pending)
  2. Must be concise and to the point
  3. Must address both positive and negative discretionary factors for consideration
  4. Must explain why the individual is not a priority for the agency
  5. May include supporting documents not part of the record such as birth certificates, community letters, tax returns, etc.
  1. DO NOT submit the following documents in support of a request for prosecutorial discretion:
  1. DHS, ICE or OPLA Memoranda or Guidance
  2. Documents already in the file and part of the record of proceeding such as NTAs, Hearing Notices, Country Reports, Applications, etc.
  1. Each request for prosecutorial discretionmust be tied to an individual A-number. However, only one email request is necessary for consolidated/familycases. If factors for consideration vary for family members, they must all be addressed in the request.
  1. The subject line of the email must include detention status, A-number, document type(s), IJ’s initials and next hearing date (if applicable) OR indicate as BIA Appeal Pending.

The following are examples:

  1. Detained, A5678901234, PD Request, IJABC, NHD:MM/DD/YYYY
  2. Detained, A5678901234, PD Request, BIA Appeal Pending
  3. Non-Detained, A5678901234, Joint Motion to Reopen
  4. Non-Detained, A5678901234, Joint Motion to Dismiss, IJABC, NHD: MM/DD/YYYY
  5. Non-Detained, A5678901234, Joint Motion to Recalendar and Dismiss for Consular Processing, IJABC, NHD: MM/DD/YYYY
  1. Documentsmustbenamed(inthisorder):documenttype, A-number, date.

The following are examples:

  • JMTReopen Request.A5678901234.MM.DD.YYYY
  • EOIR28.A5678901234.MM.DD.YYYY
  • DocumentsinSupportof PD Request.A5678901234.MM.DD.YYYY
  • Request to Dismiss.A678901234.MM.DD.YYYY
  1. The body of the email must include the Attorney’s Name, Law Firm, Mailing Address, Telephone Number, email Address.
  1. Individuals submitting documents to the prosecutorial discretion mailbox(es) acknowledge and agree to a limited waiver of data security that shall only attach to the electronic service and transmittal of documents that may contain sensitive personally identifiable information (SPII). Individuals submitting documents to the prosecutorial discretion mailbox(es)should be aware, however, that U.S. Immigration and Customs Enforcement (ICE) cannot ensure that information transmitted outside of the DHS network will remain secure during transmission. Please be advised that this waiver applies to both your receipt of information transmitted by ICE and the transmission of information from you to ICE. Please also be advised that 1) from the time information leaves the DHS network until receipt by your email system and 2) during the time that information is being transmitted by your email system to the DHS network, the information contained within the email, including but not limited to SPII, is not necessarily secure against interception. You are strongly encouraged to encrypt any documents containing SPII prior to sending to the OCC via email and to send passwords under separate cover. By submitting emails to the prosecutorial discretion mailbox(es), you expressly agree to assume the risk that SPII might be intercepted during transmission to or from the DHS network and as a result be obtained by or disclosed to third parties.
  1. By submitting documents electronically through this system, the respondent and/or representative consent to receipt of ICE submissions by electronic service in accordance with DHS policies.

Detroit and Cleveland PD Request Fact Sheet (issued September 2015) - 1

[1]OCC will not access documents through hyperlinks to storage servers, file drop-boxes, “cloud” servers, or other non-attachment sources.