Discretionary relief is granted at the discretion of a judge. If granted, it will eliminate or postpone the execution of a deportation order. In most cases, the alien must apply for discretionary relief during the deportation hearing, although some forms of relief may be sought before the hearing begins. In a two-part process, the judge first determines whether the alien is eligible under statutory requirements and then at the judge's discretion decides whether to grant it.

It is important to know that eligibility is not a guarantee of relief.