Prosecutorial Discretion

Alan Culwell
CULWELL & LUKE LLP
Telephone: 317.576-8400
[email protected]
PROSECUTORIAL DISCRETION REQUEST – BASIC INFORMATION
What is Prosecutorial Discretion (“PD”)?
The U.S. Government has the ability (discretion) to close some deportation cases that are lower
priority than others. If we request PD and the Government accepts our request, your deportation
process will be cancelled. Unfortunately, you will not be granted permission to work, and the
Government can still initiate deportation proceedings if they want to later. There is no guarantee
that any PD request will be granted. Usually, if the PD request is denied, the individual must leave
the U.S. and return to their home country.
What factors does the Government consider in your PD request?
 Criminal history or links to criminal activities
 Prior deportations or deportation orders
 Amount of time (months, years) you have been living in the United States
 U.S. citizen children or spouses
 Whether a mother is pregnant or nursing
 Education in the United States
 Service in the U.S. Military by you or a close relative
 Whether or not you are caring for a sick or disabled person, or if you are sick or disabled
 Any other information that may be helpful or harmful to your request to remain in the U.S.
What do our services include?
Our services include a ride to Chicago for your Master Calendar Hearing in front of the judge,
including gasoline, tolls, and lunch. We will help you to write a letter (affidavit) which you will
sign. We will do any legal research necessary for your case and write our own letter to include in
your PD request that will set forth our reasons why we believe you should not be deported. We
will request the appropriate documents from you and we will include them in the PD request. We
may ask you to speak with a psychologist to get a more complete personal history which we can
also include in the PD request. The psychologist charges a separate fee of around $200.
What do we need from you?
We need you to be completely open and honest. We need you to respond promptly to our requests.
We need you to provide copies of all documents related to your case, even documents that may be
in your home country, and to bring original documents to any court hearing.
What do our services cost?
We charge a separate fee for the court hearing and for preparing and submitting the PD request.
SERVICE
Attend any Master Calendar
or Individual Hearing
Prepare and submit PD
Request
PRICE
$1,000.00
PAYMENT DUE DATE
The Date of your Hearing
$1,500.00
Within 90 days from date of
the Master Calendar Hearing
CULWELL & LUKE LLP | 11988 Fishers Crossing Drive, Suite 200, Fishers, IN 46038