{"id":3684,"date":"2026-11-03T05:46:49","date_gmt":"2026-11-03T05:46:49","guid":{"rendered":"https:\/\/abogadaadrianagomez.com\/resources\/removal-defense\/prosecutorial-discretion-removal-proceedings-florida\/"},"modified":"2026-11-10T05:10:04","modified_gmt":"2026-11-10T05:10:04","slug":"prosecutorial-discretion-removal-proceedings-florida","status":"publish","type":"page","link":"https:\/\/abogadaadrianagomez.com\/resources\/removal-defense\/prosecutorial-discretion-removal-proceedings-florida\/","title":{"rendered":"Prosecutorial Discretion Immigration Court Florida"},"content":{"rendered":"\n
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Removal Defense | Florida<\/p>

Prosecutorial Discretion in Immigration Court<\/h1>

AG Immigration Law P.A. focuses on removal defense for immigrants in Florida and Texas. We help you understand whether a prosecutorial discretion request may fit your case and how it could affect your hearing.<\/p>

Contact Our Team<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

By Adriana Gomez \u00b7 Published November 3, 2026<\/p>\n\n

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Prosecutorial discretion is the power of immigration officials to decide not to pursue removal against someone, or to pause it. Requests can be made to DHS or to the immigration judge in some situations, and whether one applies depends on the facts of each case. This page explains what it is, what it cannot do, and how AG Immigration Law P.A. handles a non-detained request. The right request follows from where the case stands, so the first review starts there.<\/p>\n

What Prosecutorial Discretion Is and Who It Fits<\/h2>\n

Prosecutorial discretion is the authority to decide whether to enforce the law against someone. The USCIS Policy Manual<\/a> describes it this way. The USCIS Policy Manual<\/a> says there is no legal right to it unless a law or regulation provides one.<\/p>\n

PD also can never justify action that is illegal.<\/p>\n

This practice focuses on removal defense. The typical reader is a person who is not in custody and has a case pending in immigration court, such as in Miami or Orlando. A spouse, parent, or adult child may start this research after a Notice to Appear arrives. The person in proceedings is the respondent. A respondent may be represented by an attorney or another qualified representative (8 C.F.R. \u00a7 1240.3<\/a>).<\/p>\n\n

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If a Notice to Appear has changed your family's plans, you don't have to work out the next step alone. Call, message on WhatsApp, or use the contact form to set up a paid consultation. Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.<\/p>

Schedule a consultation<\/a><\/div><\/div>\n<\/div>\n\n
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Types of PD Requests and Where They Are Filed<\/h2>\n

The main request types are cancellation or dismissal of a notice to appear, administrative closure, and deferred action where the rules allow it. Each one fits a different point in the case.<\/p>\n