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September 30, 2013 Dear Field Operations Director Garza, I write to supplement the request for humanitarian parole

I submitted to your office on September 27, 2013. Below is a list of individuals who submit their request to you for humanitarian parole. Each has compelling circumstances warranting a grant of favorable action pursuant to longstanding principles of prosecutorial discretion. Elsy Nunez Almandarez, a Honduran national, has a four-year-old U.S. citizen daughter, Elsy Valeria Martinez, who has serious health problems. Elsy Valeria's ankles are fused and she cannot walk, she suffers from cerebral palsy, she has an ear disorder which renders her unable to speak, and she has serious food allergies. She was receiving medical care in Laredo until her departure with her mother in 2010. Elsy Nunez has repeatedly presented herself at the Laredo port of entry to request humanitarian parole so that her daughter may receive the treatment she desperately needs, but each time her request has been refused despite the medical records she presented. Raul Juarez Lopez is a 25-year-old citizen of Mexico who moved to the U.S. at the age of 7 and spent the following 14 years there. He excelled academically, attending the City College of New York after graduating from high school. His entire family still lives in Brooklyn, New York. Raul hopes to be reunited with his family and use his education to contribute to the community he grew up in. Marco Pacheco Suarez, 21, is a Mexican national who attended middle school and high school in the U.S., where his entire family still lives. After a distinguished academic career in high school, he pursued higher education in the U.S. and hopes to become a doctor someday. Maria Victoria Reyes Arevalo is accompanying her two daughters, Ingrid Reyes and Jessica Reyes, both of whom grew up in the U.S. and are integrated into their communities. Maria's brother was kidnapped and beaten by gang members, and she feels the same could happen to her. As a Honduran woman with Mexican citizen daughters and partner, she would be isolated in Honduras and unable to protect herself from threats or reunite with her family. Edith Espinal Moreno, a national of Mexico, is accompanying her 15-year-old son, Brandow Gonzalez Espinal. Brandow moved to the U.S. at the age of two and lived here for the next nine years. Brandow's two siblings are both U.S. citizens. Both Brandow and his mother request humanitarian parole so that Brandow can finish high school in the U.S. and pursue further education here. Javier Galvan Calderon, a Mexican national, owns a butcher shop in Michoacn. His son, Javier Galvan Cortes, is among those who requested humanitarian parole on September 27. Javier Jr. came to the U.S. at the age of three and grew up here. Javier Sr. also has two U.S. citizen children who have been forced to live in dangerous conditions in Mexico or be indefinitely separated from their parents. Javier Sr. requests humanitarian parole to watch over his son in the U.S. and because of the threats to his life and family, including to his U.S. citizen children, he has experienced in Michoacn.

Prosecutorial discretion is the authority of an agency or officer to decide what charges to bring and how to pursue each case. A law-enforcement officer who declines to pursue a case against a person has favorably exercised prosecutorial discretion. The authority to exercise discretion in deciding when to prosecute and when not to prosecute based on a priority system has long been recognized as a critical

part of U.S. law. The concept of prosecutorial discretion applies in civil, administrative, and criminal contexts. The Supreme Court has made it clear that an agencys decision not to prosecute or enforce, whether through civil or criminal process, is a decision generally committed to an agencys absolute discretion. Heckler v. Chaney 470 U.S. 821, 831 (1985). Prosecutorial discretion may be exercised at any stage of an immigration case. Examples of the favorable exercise of prosecutorial discretion in the immigration context include a grant of deferred action or humanitarian parole, a decision to release an individual on their own recognizance, or a decision not to issue a charging document initiating removal proceedings. ICE, USCIS, and CBP officers have the authority to exercise prosecutorial discretion. The above-mentioned individuals now request humanitarian parole in a favorable exercise of discretion. Very truly yours,

Dave Bennion Tel: (646) 441-0741 Fax: (215) 613-4115 davidbennion.com