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06/21/2022

On April 3, 2022, ICE Principal Legal Advisor Kerry Doyle issued guidance to all OPLA attorneys on how and when to exercise prosecutorial discretion in removal proceedings under DHS’s enforcement priorities. That guidance took effect on April 25, 2022 and replaces the previous OPLA guidance issued by former Principal Legal Advisor John Trasviña in May 2021. The Doyle guidance presents new opportunities for practitioners to seek positive outcomes for clients facing deportation, while also presenting some new challenges. This practice advisory provides key information on the Doyle memo and practice tips on advocating for prosecutorial discretion for clients in removal proceedings. The advisory also includes information on the ongoing litigation challenging DHS’s enforcement priorities and how that litigation may affect OPLA’s exercise of prosecutorial discretion.