Deferred action is a discretionary act through the recommendation of a DD and approval of the Regional Commissioner, not to prosecute or deport a particular alien. It cannot be granted by the IJ. See Johnson v. INS, 962 F.2d 579 (7th Cir. 1992). Deferred Action is "an act of administrative choice to give some cases lower priority and in no way an entitlement ...." Former O.I. §242.1(a)(22).
Among the factors that may be considered are:
The likelihood of removal;
The presence of sympathetic factors;
The likelihood that because of sympathetic factors, a large amount of adverse publicity will be generated;
The person's continued presence is desired by law enforcement for an ongoing investigation or review;
Whether the individual is a member of a class of deportable aliens whose removal has been given high enforcement priority (e.g., terrorists, drug traffickers).
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