Prosecutorial Discretion & Motions to Terminate

Stopping a Deportation Case:

Prosecutorial Discretion and Motions to Terminate

Not every immigration court case must continue through years of removal proceedings. In some situations, there may be legal options that allow a deportation case to be closed or dismissed. Two common options are prosecutorial discretion in immigration cases and a motion to terminate removal proceedings.

Prosecutorial discretion refers to the authority of immigration enforcement agencies to decide whether to continue pursuing a removal case. In certain circumstances, the government may agree to dismiss or pause proceedings if a person is not considered a priority for removal.

A motion to terminate is a legal request asking the immigration judge to formally end the removal proceedings. This may be appropriate when there are legal defects in the case, changes in eligibility for immigration relief, or other circumstances that justify ending the case.

While these options do not automatically grant lawful status, they may provide an opportunity to stop deportation proceedings and pursue other immigration benefits outside of court. An immigration attorney can review the facts of your case and determine whether prosecutorial discretion or a motion to terminate may be available.

What Is Prosecutorial Discretion?

Prosecutorial discretion is when the government (specifically, Immigration and Customs Enforcement, or ICE) chooses not to pursue your deportation case, even if they legally could.

PD doesn’t grant a green card, work permit, or permanent relief, but it can result in:

• Dismissal or closure of your immigration court case

• A pause on enforcement actions

• Time to apply for another immigration benefit with USCIS

PD is typically granted to people who have strong equities in the U.S., like family, work, no serious criminal history, and ties to the community.

What Is a Motion to Terminate?

A motion to terminate is a formal request to an immigration judge asking to end removal proceedings—usually because:

• You’re not a priority for deportation (and ICE agrees to close the case)

• You are eligible to apply for legal status with USCIS (like a green card through marriage or DACA renewal)

• There’s a legal defect in the Notice to Appear (NTA)

If granted, the deportation case ends—giving you the space to pursue immigration relief outside of court.

Who Can Qualify for Prosecutorial Discretion in the US?

You may want to explore PD or termination if:

• You have a clean or minor immigration record

• You have strong U.S. ties (family, community, work)

• You’re waiting for a visa petition or other application with USCIS

• You were denied relief in court but have other humanitarian concerns (medical issues, caregivers, etc.)

As your attorney, and depending on the facts of your case, Salomon Numa will prepare a PD request package, including a letter, evidence of equities, and sometimes a motion to terminate.

How to Request Prosecutorial Discretion in Immigration Cases

Requesting prosecutorial discretion in immigration typically involves submitting a formal request to the government attorney handling the case. The request explains why continuing removal proceedings may not be appropriate and provides evidence showing why the case should be dismissed or deprioritized.

The process generally includes the following steps:

• Submitting the Request to the Appropriate Agency
  Requests for prosecutorial discretion are usually submitted to the Office of the Principal Legal Advisor (OPLA), which represents the Department of Homeland Security (DHS) in immigration court.
• Preparing Supporting Documentation
  A request should include documents that help explain the individual’s background and circumstances. This may include proof of long-term residence in the United States, family ties, employment history, medical records, or evidence of community involvement.
• Presenting Positive Equities
  The request should clearly outline factors that weigh in favor of discretion, such as good moral character, lack of serious criminal history, family members who are U.S. citizens or lawful permanent residents, and contributions to the community.
• Explaining Mitigating Factors
  If there are negative factors in the case, such as prior immigration violations, it is important to address them honestly and explain the circumstances or changes that have occurred since then.
• Communicating with Government Counsel
  In some cases, an attorney may discuss the request with the DHS attorney handling the case and determine whether the government is willing to agree to dismiss or terminate the removal proceedings.

Each immigration case is different, and the government ultimately decides whether to exercise prosecutorial discretion. Presenting a clear and well-documented request can help immigration officials understand the circumstances of the case and evaluate whether dismissal or another form of relief may be appropriate.

Why Choose Us for Dismissal and Prosecutorial Discretion Immigration Cases

Requests for dismissal or prosecutorial discretion often require a clear legal strategy and well-organized supporting evidence. Because there is no official form for requesting prosecutorial discretion, the request must be presented directly to the government in a persuasive and properly documented way.

Salomon Numa works with clients facing removal proceedings to evaluate whether options such as prosecutorial discretion immigration law or a motion to terminate may apply. His approach focuses on carefully reviewing the facts of each case, identifying legal grounds for dismissal, and presenting a structured request to the appropriate government authorities.

An immigration attorney can assist by:

• Evaluating the case carefully to determine whether prosecutorial discretion or dismissal may be available
• Preparing a detailed legal request supported by documents that demonstrate positive factors and mitigating circumstances
• Communicating with DHS and government attorneys regarding possible dismissal or termination of the case
• Filing motions to terminate removal proceedings when appropriate under immigration law

Because each immigration case is different, having experienced legal guidance can help ensure that requests for dismissal or prosecutorial discretion are presented clearly and supported by the strongest possible evidence. 

Don’t Miss the Window

PD isn’t always available. Policies change often depending on administration priorities. If you think this might apply to your case, it’s best to act quickly.