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NIPNLG, Aug. 11, 2021
"Recently, the 25 main field locations of the DHS Office of Principal Legal Advisor (OPLA) released guidance for requesting Prosecutorial Discretion (PD) to implement the department-wide memorandum issued by ICE Principal Legal Advisor John Trasviña (“Trasviña memo”), which provided interim guidance to OPLA attorneys about how and when to exercise prosecutorial discretion (“PD”) under DHS’ interim enforcement priorities. This comparison builds upon our recent practice alert, “Advocating for Clients in Removal Proceedings Using the OPLA Prosecutorial Discretion Memo,” and contains a brief overview of the variation in requirements for criminal history documentation, along with a chart containing each of the guidance provisions relating to criminal histories."