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Beyond DeportationThe Role of Prosecutorial Discretion in Immigration Cases$
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Shoba Wadhia

Print publication date: 2015

Print ISBN-13: 9781479829224

Published to NYU Press Scholarship Online: May 2016

DOI: 10.18574/nyu/9781479829224.001.0001

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PRINTED FROM NYU Press SCHOLARSHIP ONLINE (www.nyu.universitypressscholarship.com). (c) Copyright University of NYU Press Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in NYSO for personal use.date: 29 May 2020

(p.14) 2 The Early Years

(p.14) 2 The Early Years

The Deportation Case of John Lennon and Evolution of Immigration Prosecutorial Discretion

(p.14) 2 The Early Years
Beyond Deportation

Shoba Sivaprasad Wadhia

Leon Wildes

NYU Press

This chapter provides details on a famous case involving prosecutorial discretion-—the deportation case of John Lennon and the efforts undertaken by his attorney, Leon Wildes, to encourage the immigration agency to publish its policies about prosecutorial discretion. The Lennon case is significant because it triggered the publication of the immigration agency’s first guidance on “deferred action” (then called “nonpriority status”) which at the time was published as an “Operations Instruction.” Deferred action is a form of prosecutorial discretion that has been used as a remedy for individuals facing unusual circumstances for many years. This chapter summarizes some of the cases heard by the federal courts about whether the then new “deferred action” guidance functions as an administrative convenience to the government or as a benefit to the individual. This chapter also summarizes the early guidance on prosecutorial discretion issued by the immigration agency.

Keywords:   prosecutorial discretion, deferred action, Lennon, deportation, Operations Instruction, courts

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