LexisNexis® Legal Newsroom
Reflections on Prosecutorial Discretion One Year After the Morton Memo

" Shoba Sivaprasad Wadhia reflects on the implementation of the famous (or infamous) immigration-agency memos on using "prosecutorial discretion" in favor of various types of noncitizens who could be removed from the United States. Were the people who said the memos went too far...

FOIA Release: The Relationship Between Prosecutorial Discretion and NTAs

Prof. Shoba Sivaprasad Wadhia writes: "As an outcome of research for a future report by Penn State Dickinson School of Law’s Center for Immigrants’ Rights and the American Bar Association’s Commission on Immigration on the relationship between prosecutorial discretion and Notices...

The Immigration Prosecutor and the Judge: Examining the Role of the Judiciary in Prosecutorial Discretion Decisions

"Legal scholars and judges have long examined the role of judicial review in immigration matters, and also criticized the impacts of the “plenary power” doctrine and statutory deletions of judicial review for certain immigration cases. Absent from this scholarship is a serious examination...

Immigration Prosecutorial Discretion and Deportation

Prof. Shoba Sivaprasad Wadhia writes: " Word is out that deportations have peaked during the Obama Administration and the safety valve that remains is prosecutorial discretion. The New York Times has shed light on the human costs of deportation in an editorial supporting administrative solutions...

Beyond Deportation: The Role of Prosecutorial Discretion in Immigration Cases

"When Beatles star John Lennon faced deportation from the U.S. in the 1970s, his lawyer Leon Wildes made a groundbreaking argument. He argued that Lennon should be granted “nonpriority” status pursuant to INS’s (now DHS’s) policy of prosecutorial discretion. In U.S. immigration...

From the Bookshelf: Beyond Deportation - The Role of Prosecutorial Discretion in Immigration Cases, by Shoba Sivaprasad Wadhia

"When Beatles star John Lennon faced deportation from the U.S. in the 1970s, his lawyer Leon Wildes made a groundbreaking argument. He argued that Lennon should be granted “nonpriority” status pursuant to INS’s (now DHS’s) policy of prosecutorial discretion. In U.S. immigration...