Each Case is Unique.
Each of Your Client’s Equities Must Be Clearly Identified.
I see attorneys on list-serves asking for sample prosecutorial discretion cover letter requests. The truth is that each request must be heavily tailored to the specific equities and facts of each noncitizen. Using a template cover letter request is not in your clients best interest. It is impossible for a template to list all of the possible equities that each individual might have to leverage.
In lieu of sharing a redacted prosecutorial discretion cover letter request, here are some resources.
Brain Storm Your Client’s Unique Profile.
This practice advisory has a sample PD request in it. Overall I think this is a great practice advisory with lots of helpful information to consider when drafting a PD CL request for your client:
https://nipnlg.org/PDFs/practitioners/practice_advisories/gen/2021_24Mar_pekoske-memo.pdf
This practice advisory is a bit more concise (no sample) and discusses the important consideration of whether your client is eligible for work authorization.
Regarding criminal history and the varying requirements of each OCC office in each city:
Know the OPLA Guidelines In Your Jurisdiction.
Each OPLA office has very specific requirements. Get familiar with as many as you can.
Below is a link to find email addresses for each OCC. Be sure to look for any city specific SOPs. For example, Los Angeles OPLAs each have very specific instructions on how to title the subject lines of emails.
https://www.ice.gov/about-ice/opla/prosecutorial-discretion
Criminal History (or the Absence there of) Must be Documented.
Each OCC office has very specific expectations in how criminal history is presented. Below is a practice advisory detailing the varying requirements for each OCC office in each city.
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Hope this helps!
I’ve been writing quite a few prosecutorial discretion cover letter requests on behalf of other attorneys.
I offer a quick turnaround time at a reasonable price.
Reach out if I can help you.
