DHS Response at 25, Case 2:85-cv-04544-DMG-AGR Document 186 Filed 08/13/15 Page 17 of 29 Page ID #:2898 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiffs’ Response to OSC - 18 - government has discretion to refer families to regular removal proceedings under INA § 240 before an IJ, even if they are subject to expedited removal. See Matter of E-R-M- & L-R-M-, 25 I.&N. Dec. 520, 522–23 (BIA 2011) (holding that “DHS has discretion to put aliens in section 240 removal proceedings even though they may also be subject to expedited removal”).24 According to its own directives, DHS routinely exercises prosecutorial discretion in “deciding to issue . . . a Notice to Appear” or to “seek[] expedited removal or other forms of removal by means other than a formal removal proceeding in immigration court.” John Morton Memorandum, Director, ICE, on Exercising Prosecutorial Discretion Consistent with the Civil Immigration Enforcement Priorities of the Agency for the citing 8 U.S.C. § 1225(b)(1)(B)(iii)(IV).