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ICE OPLA/OCC updates

Immigration & Customs Enforcement, Office of Principal Legal Advisor issued a memorandum on prosecutorial discretion on May 27, 2021 that will have important impacts on any pending removal/deportation cases. This memorandum was issued after President Biden’s announcement earlier this year and lays out new enforcement priorities for ICE.

On June 9, 2021, ICE issued an interim litigation position in response to the Supreme Court decision, Niz-Chavez v. Garland and stated that for the 180 days following the decision (until November 16, 2021) ICE attorneys handling removal cases before the Executive Office for Immigration Review (EOIR) will presumptively exercise their prosecutorial discretion to join or not oppose a motion to reopen filed by such noncitizens who demonstrate that they are prima facie eligible for cancellation of removal.

Please contact our office to discuss with an attorney to discuss the impacts and your options going forward.

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ICE, memorandum, Motion to Reopen, Niz-Chavez, Prosecutorial discretion