If OPLA determines that your case is not a priority for enforcement - often referred to as a “nonpriority” - then OPLA will generally exercise PD. May I receive PD from OPLA? Nonpriority Cases OPLA makes the priority designation on an individualized basis by reviewing all available information related to your case, weighing any mitigating and aggravating factors, and consistent with all legal obligations. When OPLA receives a request for PD, OPLA will first evaluate whether your case is an enforcement priority, guided by Secretary Mayorkas’ SeptemMemorandum and the Doyle Memorandum. You (or your legal representative) may also submit requests for PD to OPLA. OPLA attorneys will independently evaluate cases to determine whether to exercise PD. Upon its effective date, the Doyle Memorandum rescinds OPLA’s prior PD guidance. Mayorkas’ Septemmemorandum titled Guidelines for the Enforcement of Civil Immigration Law, which took effect on November 29, 2021. The Doyle Memorandum is consistent with DHS Secretary Alejandro N. Doyle issued a memorandum to the OPLA workforce titled Guidance to OPLA Attorneys Regarding the Enforcement of Civil Immigration Laws and the Exercise of Prosecutorial Discretion (Doyle Memorandum), which will take effect on April 25, 2022. On April 4, 2022, Principal Legal Advisor Kerry E. This page addresses many of the common questions that noncitizens in removal proceedings and their legal representatives may have regarding PD. PD is authority, exercised by immigration officers, on a case-by-case basis, and does not create a right or entitlement for any noncitizen. In practice, PD allows OPLA attorneys to decide which cases to focus on and how they want to proceed in individual cases, such as agreeing to remove a case from the immigration court docket through dismissal or administrative closure, or agreeing to stipulations on issues such as relief, bond, or continuances. Department of Justice’s Executive Office for Immigration Review (EOIR), ICE's Office of the Principal Legal Advisor (OPLA) has the authority to exercise PD in the litigation of removal cases. As the exclusive representative of the Department of Homeland Security (DHS) in immigration removal proceedings before the U.S.
Office of the principal definition how to#
PD is the longstanding authority of a law enforcement agency charged to decide where to focus its resources and whether or how to enforce the law against an individual.
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