San Francisco Attorney Aria Vatankhah uses Five Deportation Immigration Cases turned to the DHS by Ninth Circuit Court of Appeal to Discuss "Prosecutorial Discretion"

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Last week a three judge panel of the Ninth Circuit Court of Appeals returned five immigration cases to the Department of Homeland Security for further review in light of whether the government intends to exercise prosecutorial discretion in these cases.

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Attorney Aria Vatankhah of Aria Law Group uses these recent cases as a prime example of low priority deportation immigration cases in which the government should exercise prosecutorial discretion.

According to LexisNexis Immigration Law Community, Last week the Ninth Circuit Court of Appeals heard five petitions filed by RODRIGUEZ (DAVID ARANDA RODRIGUEZ, Petitioner, v. ERIC H. HOLDER JR., Attorney General, Respondent Nos. 06-7444406-75524 Agency No. A095-575-895), SAN AGUSTIN (DARIO ICO SAN AGUSTIN; LUCILA CALALANG SAN AGUSTIN, Petitioners, v. ERIC H. HOLDER Jr., Attorney General, Respondent No. 09-72910 Agency Nos. A070-804-772, A070-804-773), JEX (ANTHONY MICHAEL JEX and GILDA MAE MIDDLETON, Petitioners, v. ERIC H. HOLDER Jr., Attorney General, Respondent No. 09-74038 Agency Nos. A075-683-134 A075-683-135), POCASANGRE (ELIOT OSWALDO POCASANGRE, Petitioner v. ERIC H. HOLDER JR., Attorney General, Respondent, No. 10-70629 Agency No. A097-877-669) and MATA-FASARDO (LUIS ALFREDO MATA-FASARDO, Petitioner, v. ERIC H. HOLDER JR., Attorney General, Respondent No. 10-71869 Agency No. A070-647-155). A three Judge panel turned all these cases to the Department of Homeland Security, and ordered the government to advise the court by March 19, 2012 as to whether the government intends to exercise prosecutorial discretion in these cases.

San Jose Immigration Attorney, Aria Vatankhah deals with immigration cases as part of his law practice, he relates that the court’s orders were the result of a memorandum issued last year by John Morton, Director of Immigration and Customs Enforcement, in which he announced that the agency would employ “prosecutorial discretion” in its enforcement of the immigration law.

Aria Vatankhah, Immigration attorney in San Jose, continues that Morton ordered ICE agents and prosecutors to focus on “High Priority Cases” (the removal of illegal immigrants who pose a threat to our communities). This order was designed to allow immigration and federal judges to more swiftly adjudicate high priority cases and free up additional resources that DHS and DOJ will dedicate to further enhancing the identification and removal of those individuals who pose a threat to public safety. The order also was designed to identify very low priority cases and, on a case-by-case basis, set those cases aside to allow for additional resources to be focused on high priority aliens. DOJ will also participate in the process that will consider very low priority cases for an exercise of prosecutorial discretion on a case-by-case basis at the various stages of enforcement proceedings, including those cases pending before immigration courts and federal courts.

Aria Vatankhah, Immigration Attorney in San Francisco, states that each case considered by Ninth Circuit concerned an immigrant who had been in the U.S. for a long time, had strong family ties and had no criminal record. Based on priority system of Morton memo, these cases should be identified as very low priority cases and set aside. Therefore, Court is indirectly ordering the government to exercise prosecutorial discretion and administratively close and remove them from the active docket of the immigration courts.

According to San Francisco Immigration Attorney, Aria Vatankhah these new orders might open a door to force the government not to enforce the dysfunctional immigration law. Some bad provisions of Immigration Law separate husbands from wives, parents from children and brothers from sisters. "Sometimes the immigration law crawls into people's lives and devastates them without so much as a second thought about the human suffering it leaves behind."

Aria Law Group located in Menlo Park and Santa Monica California, obtains visas, green cards and U.S. Citizenship for individuals, businesses and families, and provides high quality legal services for all clients. Our Immigration attorney, Aria Vatankhah, is an experienced attorney, who practices Immigration and Naturalization law with a special emphasis on Work Visas, Employment-Based Green Cards, Marriage and Family-Based Green Cards and U.S. Citizenship.

Aria Law Group, located in Menlo Park and Santa Monica, California, obtains visas, green cards and U.S. Citizenship for individuals, businesses and families, and provides high quality legal services for all clients. Our Immigration attorney, Aria Vatankhah, is an experienced attorney, who practices Immigration and Naturalization law, with a special emphasis on Work Visas, Employment-Based Green Cards, Marriage and Family-Based Green Cards and U.S. Citizenship.

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