Strategic Requests for Prosecutorial Discretion-Utilizing the June 17 Morton Memos-CD

Strategic Requests for Prosecutorial Discretion-Utilizing the June 17 Morton Memos-CD

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Strategic Requests for Prosecutorial Discretion-Utilizing the June 17 Morton Memos

This 90 minute audio seminar was originally presented live on August 24, 2011.

On June 17, 2011, ICE Director John Morton published two memos outlining the agency’s position on the use of prosecutorial discretion in removal matters. The memos, aimed at building on and synthesizing the agency’s prior guidance and emphasizing protection of certain victims, witnesses and plaintiffs, outlined the role of prosecutorial discretion in achieving ICE’s civil enforcement goals. This teleconference will help practitioners understand the evolution of the agency’s use of prosecutorial discretion and highlight the relevant factors in pursuing such requests. The distinguished faculty will suggest best practices for strategic requests for the exercise of prosecutorial discretion, as well as share some observations on the memo’s impact on related enforcement programs. In addition, the program will share resources for such requests, including sample PD requests and a review of reports on ICE actions on PD requests since the memoranda’s publication.

  • Overview of the June 2011 Morton Memos: What’s New and What’s Not
  • What Can I Ask For, When and From Whom: Best Practices for Prosecutorial Discretion Requests
  • Strategic Considerations for Complex Cases
  • Special Protections for Victims, Witnesses and Plaintiffs
  • Possible Strategies If a Request Is Denied

CLE Information

*Please note, your jurisdiction may limit OnDemand credit depending on the date of the original presentation. Please visit the CLE Center to view details on your jurisdiction’s credit restrictions and CLE requirements.

Approved: AK, CA, CO, GA, HI, IN, ME, MS, MO, MT, NE, NV, NH, NJ, NM, NY, ND, OK, OR, PA, SC, TX, VT, VA, WA, and WV. To view the number of CLE credits you may claim for completing this 90-minute seminar, please use our CLE Calculator or visit webCLE.

Pending: DE, IL, IA, KY, LA, NC, OH, PR, WI, and WY. To view CLE information for these states, please visit webCLE.

  • Attorneys must apply individually for approval of OnDemand programs in the following states: FL, ID, and UT.
  • Not Eligible for CLE: AL, AR, KS, MN, RI, and TN.

For more information about CLE credit, please email


Laura Lichter (dl), AILA President-Elect, Denver, CO

Laura Lichter practices immigration law with an emphasis on removal defense, complicated family and naturalization applications, administrative appeals, and litigation. Ms. Lichter serves as AILA’s President-Elect and is a former Colorado Chapter Chair. She previously chaired AILA’s ICE Liaison Committee and EOIR Liaison Committee. She graduated from Swarthmore College and earned her J.D. at the University of Colorado.

David W. Leopold, AILA Past President, Cleveland, OH

David W. Leopold practices business and family immigration, removal defense, and federal court litigation. His past AILA positions include director of the Board of Governors, ICE Liaison Committee chair, Due Process Committee chair, and Ohio Chapter chair. Mr. Leopold is a co-founder of the American Immigration Council (formerly AILF) Litigation Institute, a senior editor of the Immigration & Nationality Law Handbook, and contributing author to the Visa Processing Guide and Consular Posts Handbook.

Mary Kenney, AIC Senior Staff Attorney, Washington, DC

Mary Kenney is a senior staff attorney with the American Immigration Council’s Legal Action Center. Ms. Kenney has litigated cases at the Board of Immigration Appeals and in federal courts around the country. Prior to joining the American Immigration Council, she served as executive director of the Texas Lawyers’ Committee, a statewide immigrant and refugee rights project. She also worked as a legal services attorney in West Virginia.

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