Prosecutorial discretion may be extended to family
In an unusual decision, the First Circuit Court of Appeals stayed the
deportation of a 21 year old Armenian and his parents
for 90 days to allow the Department of Homeland Security to consider
their request for deferred action to remain in the United States as an
exercise of prosecutorial discretion. The Court noted that the son
appeared to meet the criteria for prosectorial discretion set forth by
DHS in the Morton memorandum and that while the parents did not strictly
meet these criteria, the Government "may well wish to avoid splitting up
the family by declining to remove them as well." Gasparian v. Holder
(No. 11-2231, First Circuit Court of Appeals, December 3, 2012.)
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