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Beyond Deportation
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Beyond Deportation: The Role of Prosecutorial Discretion in Immigration Cases

Shoba Wadhia

Abstract

When Beatles star John Lennon faced deportation from the U.S. in the 1970s, his lawyer, Leon Wildes, made a groundbreaking argument. He argued that Lennon should be granted “nonpriority” status pursuant to the prosecutorial discretion policy of the Immigration and Naturalization Service (INS)—a policy maintained by the INS’s successor, the Department of Homeland Security (DHS). In U.S. immigration law, the relevant federal agency exercises prosecutorial discretion favorably when it refrains from enforcing the full scope of the law against one or more persons. A prosecutorial discretion grant i ... More

Keywords: prosecutorial discretion, Obama administration, deferred action, transparency, Department of Homeland Security, Immigration and Naturalization Service

Bibliographic Information

Print publication date: 2015 Print ISBN-13: 9781479829224
Published to University Press Scholarship Online: May 2016 DOI:10.18574/nyu/9781479829224.001.0001

Authors

Affiliations are at time of print publication.

Shoba Wadhia, author
Pennsylvania State University Dickinson School of Law

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