Below are two emails sent out to local American Immigration Lawyers Association members on

the case dismissals in Houston.

Dear Chapter,

I have received a lot of inquiries regarding DHS’s recent decision to dismiss many cases
presently before the Immigration Court. Yesterday the Office of the Chief Counsel revealed
some information. We thank Chapter Member Liz Mendoza for her imput on this matter.

ICE Assistant Secretary John Morton issued a Memo at the end of June providing new guidance
and asking U.S. Immigration and Customs Enforcement agents to focus on apprehending
terrorists and criminals as opposed to non criminals. The new guidelines outlined on the memo
directed to all ICE employees regarding the apprehension, detention and removal of illegal
immigrants, notes that the agency "only has resources to remove approximately 400,000 aliens
per year, less than 4 percent of the estimated illegal-alien population in the United States."
Accordingly, Mr. Morton said ICE needed to focus wisely on the limited resources Congress had
provided the agency and would "prioritize the apprehension and removal of aliens who only pose
a threat to national security and/or public safety, such as criminals and terrorists." Mr. Morton
affirms that with this prioritization, ICE will ensure that their work has the greatest possible impact
and advance their mission. Mr. Morton added that the new guidelines were necessary in light of
the large number of administrative violations the agency is charged with addressing and the
limited enforcement resources the agency has available.

Under the directive, ICE officials are authorized under a three-level priority system to use
enforcement personnel, detention space and removal resources if they are assured that any
deportations that do occur "promote ICE's highest enforcement priorities, namely: national
security, public safety and border security. Listed as the agency's top priority, according to
the memo, are illegal immigrants who pose a danger to national security or a risk to public safety;
those convicted of violent crimes, both felons and repeat offenders; those older than 16 who
participated in organized criminal gangs; and those with outstanding criminal warrants.
Described in the memo as lesser priorities are foreign nationals caught crossing the border
illegally or using phony immigration documents to gain entry, and those identified as fugitives
after failing to show up for immigration or deportation hearings.

The memo provides discretion to DHS to move to dismiss cases for non recent aliens. Non recent
means more than two years. To terminate the alien must not have a criminal record. Traffic
offenses may be excluded. One misdemeanor, depending on its nature, years ago with
counterbalancing equities will be considered by DHS for termination. Apparently, the limit is two
misdemeanors just like TPS, but again, it depends on the misdemeanor. Family violence, sexual
crimes, DWI's will not be considered for termination. The recency of the offenses will also be
taken into consideration. DHS NATIONWIDE is reviewing thousands of cases for termination.
There are presently 5 attorneys in Houston working only on finding the cases, and filing motions
to dismiss the NTA’s. DHS now has permission to stipulate to grants of relief, for instance in very
strong cancellation cases. DHS will now join in Motions to Reopen for clean cases, like 245i
adjustments, but will still want to terminate so alien can file with CIS. Upon termination Legal will
inform DRO so it doesn't move to pick up alien as a fugitive.

If any local attorneys would like their clean cases terminated (children in proceedings, individuals
with clean cancellation of removal cases, in generally cases with no criminal convictions) they are
asked to write a BRIEF letter asking for prosecutorial discretion explaining the facts of the case
and asking for the case to be terminated without prejudice.
We are trying to get a copy of the Memo, so far, it has been labeled confidential. We will keep
the chapter posted with information as we get it.

From Houston EOIR Liaison

______________________________________________________________________

Today at noon I had a telephonic visit with Deputy Chief Counsel, Monica Thompson Guidry, with
the Houston DHS Chief Counsel's Office, regarding the Morton Memo.

Ms. Thompson confirms the Office of the Chief Counsel is following the Morton Memo and/or
previous prosecutorial discretion memo's and internal guidelines regarding prosecutorial
discretion for cases in Houston. Ms. Thompson confirms that they have a few Trial Attorneys
presently reviewing all of their active court cases to consider which ones to terminate. Decisions
are being made on a case by case basis. They expect to finish reviewing all cases by the end of
September.

When asked how we could request prosecutorial discretion for cases if we should call, write or file
proposed motions, Ms. Thompson begs to the Chapter not to wait. Ms. Thompson asks from
Chapter members not to inquire/call/write for the termination of any cases until after they finalize
their internal file review which should be completed by the end of September. Then, if any cases
where missed, they ask we write a short, brief concise letter with the pertinent facts requesting
prosecutorial discretion and to terminate the case.

Ms. Thompson confirmed that a few TA's are presently reviewing files and filing motions to
terminate with the court on clear cut cases. She further informs that cases with upcoming
hearings are being handled by the TA assigned to the court or assigned to the case. These TA's
should review the cases and have a decision on prosecutorial discretion for upcoming
hearings. If not, we can always bring up to their attention and/or request prosecutorial discretion
at the hearing. Ms. Thompson further recomends that filing deadlines should be observed
regardless of the filing of a motion to terminate by DHS. An immigration Judge could still deny a
motion to terminate a case. Moreover, respondent's could also object to termination (if he has a
great form of relief not available outside the court, etc....)

Ms. Thompson wanted to remind us that recent cases will not always be terminated (less than
two years), cases with criminal records (if petty or remote convictions) will be considered case by
case but are not automatically being considered for termination. As explained on my previous
email, the memo provides discretion to DHS to move to dismiss cases for non recent aliens. Non
recent means more than two years. To terminate the alien must not have a criminal record.
Traffic offenses may be excluded. One misdemeanor, depending on its nature, years ago with
counterbalancing equities will be considered by DHS for termination. Apparently, the limit is two
misdemeanors just like TPS, but again, it depends on the misdemeanor. Family violence, sexual
crimes, DWI's will not be considered for termination. The recency of the offenses will also be
taken into consideration.

Finally, Ms. Thompson confirmed that DHS nationwide is reviewing cases, but other offices are
not working at the degree or pace of the Houston office. She expects them to follow suit soon.

From Houston EOIR Liaison