> they dont get to pick!
They absolutely get to pick!
https://www.uscis.gov/policy-manual/volume-1-part-i-chapter-...
"“Prosecutorial discretion” is the authority of an agency charged with enforcing a law to decide whether to enforce, or not to enforce, the law against someone. USCIS, like other law enforcement agencies, has prosecutorial discretion and exercises it every day. In the immigration context, the term applies not only to the decision to issue a Notice to Appear (NTA), but also to a broad range of other discretionary immigration enforcement decisions."