NIJC’s Explainer: DHS OPLA OFFERS OF PROSECUTORIAL DISCRETION AND MOTIONS TO DISMISS, Aug.2023
NIJC's Asylum Pro Bono team has noted a recent increase in DHS attorneys offering to dismiss cases as an exercise of prosecutorial discretion. In many cases, dismissal is likely to harm our clients, forcing them to restart the asylum process and risking the loss of work authorization. If you have a hearing coming up, please consult with your NIJC point of contact in advance about how to respond to a potential offer to dismiss. If you are offered dismissal, please do not accept without first consulting with your NIJC point of contact. This explainer provides information on dismissal and its ramifications for clients in removal proceedings.