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Ninth Circuit Prosecutorial Discretion Orders

The Ninth Circuit published orders in five cases directing the Attorney General to state whether he would exercise prosecutorial discretion in those cases and to state the effect that would have on them. ICE Director John Morton’s June 17, 2011, memo on prosecutorial discretion prompted the court to issue the orders. In each case, the court already had denied the petition for review and the petitioner had filed a petition for rehearing. The petitioners all had favorable discretionary factors and no known criminal convictions. Judge O'Scannlain dissented from each order, contending that separation of powers prevented the court from even asking the Attorney General the question.

Read the orders at: