Discretionary Relief in Immigration Court

Discretionary Relief in Immigration Court

 

Most forms of relief from removal are discretionary.  Even if it cannot be considered when evaluating the fact or nature of a conviction, certain information regarding a respondent’s criminal history can be examined by an Immigration Judge to help in deciding whether to grant relief as a matter of discretion.   In discretionary decision making, the Immigration Judge is allowed to consider a respondent’s criminal history even when that history does not form the basis for the charge of removal.  In determining whether relief is merited as a matter of discretion, the Immigration Judge cannot consider arrests not resulting in a conviction, and charges that have been dismissed, other than those dismissed as a result of a diversion program.  Our dedication to immigration law gives us in-depth knowledge of the frequently changing laws and regulations under which noncitizens may stay in the United States even if they committed a crime.  For an expert and confidential consultation, call or email JCS Immigration and Visa Services.  [LINK TO CONTACT JCS]

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