BREAKING: 9th Cir. opens prosecutorial discretion door, orders DOJ to respond

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."

so umm what should we take from this article? does it open up to cases or dismiss then for already having been ruled on

That's what the court is saying: Either put up or shut up. Obama's DOJ has been issuing final orders to low-priority cases that the 9th circuit has affirmed.

So, what is the point of the court ordering you removed when ICE will not enforce the removal?

Why has the DOJ been clogging up the court's docket with low-priority cases when DHS will not pursue low-priority cases? This can be precedental because it would invalidate other final orders they have issued to individuals without criminal records and who are long-time residents of the States.