For those of you who may have pending litigation fighting for your chance to remain in the country:
Feb. 6, 2012: In
five published cases posted today a three-member panel of the U.S. Court of Appeals for the Ninth Circuit ordered DOJ to "advise the court by March 19, 2012, whether the government intends to exercise prosecutorial discretion in [these cases] and, if so, the effect, if any, of the exercise of such discretion on any action to be taken by this court with regard to [these cases.]" Judge O'Scannlain dissented.
http://www.ca9.uscourts.gov/datastor...6/06-74444.pdf
http://www.ca9.uscourts.gov/datastor...6/06-74444.pdf
http://www.ca9.uscourts.gov/datastor...6/09-74038.pdf
http://www.ca9.uscourts.gov/datastor...6/10-70629.pdf
http://www.ca9.uscourts.gov/datastor...6/10-71869.pdf
I originally posted info on last month, so for the full post , see this thread:
http://dreamact.info/forum/showthrea...70#post242770:
"Second, on prosecutorial discretion, the example given during the training about the immigrant who never attended his immigration hearing; doesn't that make him a fugitive with a final order? Didn't they say that no matter what equities someone had, they were going after so-called "fugitives" because they "ignore" the order to leave?
And how do they plan to address all the final orders that have been issued by the current administration to low-priority cases? I personally have knowledge of at least five immigration cases involving long-time undocumented residents to whom Obama's DOJ wrote that asking to remain in the country until passage of some sort of immigration relief was "ridiculous" as they seemed "oblivious to the fact that he/she is an 'illegal' alien to whom the current laws should apply, not some speculative future rule". This was actually written in response to litigation to the 9th circuit court of appeals in 2010; and they summarily affirmed. So THIS is why they haven't published guidelines involving final orders for low-priority individuals. How do you backtrack after the circuit court affirmed your position? What a stupid thing to do. This affects cases all over the West Coast; the regions with the most mixed-status families, heavy with Hispanic population and mostly a blue, Democratic region. And these are people with absolutely zero criminal conduct. Not even a parking ticket."