Here is a case about prosecutorial discretion.
Julio Tellez is an undocumented immigrant currently residing in Hamilton, Cleveland. The federal government through the Department of Homeland Security and the Immigration and Customs Enforcement sought for deportation of Tellez. As a response, Tellez through counsel sought for dismissal of the order for deportation claiming the case falls within prosecutorial discretion.
This petition was heard by the court and held the stay of the order for deportation pending review. Tellez’s record includes being brought to the United States as a child and a misdemeanor attempted theft charge when he was 18 years old. Tellez claims to have paid his dues for the offense.
The theory that Tellez’s case falls within the prosecutorial discretion concept stems from the two memoranda issued by ICE Director John Morton. In the memoranda, cases similar to Tellez’s are a low priority in deportation enforcement.
The lawyer of Tellez though is not optimistic for stay of deportation. The next option would be to appeal the order of deportation and request for deferred-action status for his client. This status would allow Tellez to remain in the United States for one year and this status is renewable.