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FOIA Release: The Relationship Between Prosecutorial Discretion and NTAs

July 02, 2013 (1 min read)

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 to Appear (NTAs), we received a response to one of our FOIAs from USCIS which can be found here: The response includes a standard operating procedure (SOP), tables on the number and type of NTAs issued by office, and internal correspondence.  We hope that the information provides you with greater insights about how USCIS determines whether or not an NTA is appropriate, and inspires you to read our report when it is finalized!  I have also uploaded the new FOIA here - should you be interested in reviewing the library of FOIA requests and responses received from the agency on the topic of prosecutorial discretion."