Featured Issue: Representing Clients Before ICE
This resource page combines resources for attorneys representing clients before ICE. For information about why AILA is calling for the reduction and phasing out of immigration detention, please see our Featured Issue Page: Immigration Detention and Alternatives to Detention.
Quick Links
- Seeking Stays of Removal
- AILA Practice Pointers and Alerts (continually updated)
- Practice Advisory: Representing Detained Clients in the Virtual Landscape
- Practice Pointer: How to Locate Clients Apprehended by ICE
- Practice Pointer: Preparing for an Order of Supervision Appointment with ICE-ERO
- AILA ICE Liaison Agenda and Meeting Minutes
Communicating with OPLA, ERO, and CROs
The Office of the Principal Legal Advisor (OPLA) includes 1300 attorneys who represent the Department of Homeland Security (DHS) in immigration removal proceedings before the Executive Office for Immigration Review (EOIR). OPLA litigates all removal cases as well as provides legal counsel to ICE personnel. At present, there are 25 field locations throughout the United States.
Enforcement and Removal Operations (ERO) manages all aspects of immigration enforcement from arrest, detention, and removal. ERO has 24 field office locations. ERO also manages an “alternative to detention” program that relies almost exclusively on the “Intensive Supervision Appearance Program (ISAP)” to monitor individuals in removal proceedings.
Since 2016, ICE has had an Office of Partnership and Engagement (formerly Office of Community Engagement) to be a link between the agency and stakeholders. As part of this office, Community Relations Officers (CROS) are assigned to every field office to work with local stakeholders such as attorneys and nonprofit organizations.
*Headquarters does not provide direct contact numbers or emails for individual employees.* (AILA Liaison Meeting with ICE on April 26, 2023)(AILA Doc. No. 23033004). However, attorneys can contact Chapter Local ICE Liaisons as they may have this information provided to them via local liaison engagement.
- DHS/ICE/OPLA Chief Counsel Contact Information [last updated in 2024, this list no longer appears on ICE.gov as of 1/27/25]
- Contact Information for Local OPLA Offices [last updated in 2024, this information no longer appears on ICE.gov as of 1/27/25]
- ERO Field Offices Contact Information*
- OPE Community Relations Officers
- ICE Check-In Scheduling Website
- ICE Online Change of Address Website
Latest on Enforcement Priorities & Prosecutorial Discretion
Executive Order 14159 (90 FR 8443, 1/29/25) directs DHS to set priorities that protect the public safety and national security interests of the American people, including by ensuring the successful enforcement of final orders of removal, enforcement of the INA and other Federal laws related to the illegal entry and unlawful presence of [noncitizens] in the United States and the enforcement of the purposes of this order. Given the January 25, 2025, confirmation of DHS Secretary Kristi Noem, a memorandum detailing enforcement priorities may be issued in the coming weeks.
An unpublished ICE memo from acting ICE Director Caleb Vitello entitled “Interim Guidance: Civil Immigration Enforcement Actions in or near Courthouses” makes reference to targeted noncitizens and includes:
- National security or public safety threats;
- Those with criminal convictions;
- Gang members;
- Those who have been ordered removed from the United States but have failed to depart; and/or
- Those who have re-entered the country illegally after being removed.
Procedures and email inboxes created under the Biden Administration to request Prosecutorial Discretion no longer appear on the ICE website. AILA members are encouraged to review current DOJ regulations entitled “Efficient Case and Docket Management in Immigration Proceedings” for alternative basis for seeking termination or administrative closure.
Access to Counsel
- ERO eFile:
- An online system developed to electronically file G-28s with ERO. Attorneys and accredited representatives may register for ERO eFile accounts and may also sponsor law students and law graduates who work under their supervision. See AILA’s practice alert (AILA Doc. No. 24051506) for more information.
- ICE Attorney Information and Resources Page
- AILA Practice Alert: Updates to the ICE Attorney Information and Resource Page
Filing Administrative Complaints on Behalf of Detained and Formerly Detained Clients
- Online Intake Form for the Detention Ombudsman (myOIDO)
- Available for complaints for issues in ICE and CBP Custody nationwide, including to submit complaints about access to counsel problems on behalf of currently or previously detained clients.
- Online Complaint Form for DHS Office for Civil Rights and Civil Liberties (CRCL)
- Oversight of Immigration Detention: An Overview - May 16, 2022
(provides a list of agencies with which attorneys may file administrative complaints of detention center violations) - Immigration Judge Complaint Toolkit – August 31, 2022
- Practice Alert: Template for CRCL Complaint Regarding Failures to Provide Language Access – July 16, 2021
Selected ICE Policies and Current Status
For comprehensive comparison of current and prior ICE policies, please review the “Immigration Policy Tracker (IPTP).” The IPTP is a project of Professor Lucas Guttentag working with teams of Stanford and Yale law students and leading national immigration experts.
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Browse the Featured Issue: Representing Clients Before ICE collection
BIA Holds That Respondent with Private Counsel Failed to Show He Was Unable to Pay Requisite Filing Fee
The BIA held that a nondetained noncitizen represented by counsel is presumed able to pay IJ and BIA filing fees, and that a fee waiver request from a nondetained adult noncitizen with zeros in all income blocks is presumptively invalid. Matter of Garcia Martinez, 29 I&N Dec. 169 (BIA 2025)
EOIR Policy Memorandum (PM 25-40) on Use of Generative AI in EOIR Proceedings
EOIR Acting Director released Policy Memorandum (PM) 25-40 on use of generative artificial intelligence (AI) in EOIR proceedings. EOIR neither prohibits generative AI use in its proceedings nor requires disclosure of its use. Individual adjudicators or courts may adopt standing orders regarding AI.
Practice Alert: ICE Updates Legal Position in Bond Proceedings
AILA members report a change in OPLA's legal position to designate people who entered without inspection ineligible for bond.
CA2 Holds That INA §209(b) Allows Only Noncitizens with Current Asylum Status to Adjust to LPR status
The court held that the plain text of INA §209(b) allows only noncitizens with current asylum status to adjust to lawful permanent resident (LPR) status, and concluded that petitioners could not adjust to LPR status because their asylum status had been terminated. (Wassily v. Bondi, 8/7/25)
CA7 Affirms CAT Denial as to Jamaican Petitioner Who Suffered from Severe Mental Illness
The court concluded that the BIA correctly held that the Jamaican petitioner, who suffered from severe mental illness, failed to establish specific intent to torture, and thus upheld the BIA’s denial of deferral of removal under the Convention Against Torture (CAT). (Fiddler v. Bondi, 8/7/25)
CA11 Holds BIA’s INA §240A(b)(1)(D) Hardship Determination Is Subject to Substantial Evidence Review
The court held that a court should review the BIA’s INA §240A(b)(1)(D) hardship determination for substantial evidence, and concluded that the BIA’s denial of cancellation of removal as to the Mexican petitioners was supported by substantial evidence. (Lopez-Martinez v. Att’y Gen., 8/6/25)
Practice Alert: AILA and National Immigration Project Issue Guidance on CHIRLA v. Noem Order
Federal court stays DHS policies targeting previously paroled individuals for expedited removal. AILA and the National Immigration Project issue guidance for attorneys on raising the CHIRLA v. Noem order in expedited removal cases.
DOJ Notice of Extension and Revision of Forms EOIR-42A and EOIR-42B
DOJ notice of extension and revision of Application for Cancellation of Removal for Certain Permanent Residents (Form EOIR-42A) and Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents (Form EOIR–42B). Comments are due 10/6/25. (90 FR 37564, 8/5/25)
CA4 Vacates BIA’s Conclusory Judgment That Salvadoran Petitioner’s PSG Was Circular
The court held that the BIA erred in rejecting the petitioner’s proposed particular social group (PSG)—“El Salvadoran women who are continually sexually abused and tortured by gang members…”—without conducting a fact-based, case-specific analysis. (Hernandez Guardado v. Bondi, 8/5/25)
CA10 Finds BIA Erred in Holding Signature Was Required in Proof-of-Service Section of Notice-of-Appeal Form
The court found that the BIA erred in holding that the petitioners’ attorney was required to sign their notice-of-appeal form’s proof-of-service section, even though he filed electronically and checked a box confirming that no separate service was needed. (Cortez, et al. v. Bondi, 8/5/25)
CA10 Finds BIA Did Not Err in Upholding IJ’s 15-Day Asylum Filing Deadline and Denial of Continuance
The court held that the BIA properly upheld the IJ’s imposition of a 15-day asylum filing deadline and denial of a continuance, found that the BIA did not deprive the petitioner of his right to counsel, and concluded that petitioner’s motion to reopen was moot. (Chavez-Govea v. Bondi, 8/5/25)
CA2 Reaffirms That Conviction in New York for Second-Degree Sexual Abuse Constitutes “Sexual Abuse of a Minor” under the INA
The court reaffirmed its holding in Debique v. Garland that a conviction for second-degree sexual abuse in New York under NYPL §130.60(2) constitutes “sexual abuse of a minor” under INA §101(a)(43)(A) and is thus categorically an aggravated felony. (Garcia Pinach v. Bondi, 8/4/25)
CA7 Upholds Denial of Withholding and CAT Relief to Petitioner Who Feared Cartel Violence in Mexico
The court held that the record did not compel a conclusion that the petitioner, who feared for his life in Mexico due to cartel violence, proved that he was eligible for withholding of removal under the INA or protection under the Convention Against Torture (CAT). (P. A.-V. v. Bondi, 8/4/25)
Policy Brief: ICE Arrests at Immigration Courts
AILA members reported widespread instances of ICE Enforcement and ERO agents appearing at immigration courts to detain individuals following the dismissal of their case. This brief summarizes the key takeaways from the reports of AILA members and the broader policy implications.
CA8 Upholds Denial of Administrative Closure After Finding BIA Appropriately Considered Avetisyan Factors
The court held that the BIA did not abuse its discretion in dismissing an administrative appeal of the IJ’s denial of petitioner’s motion for administrative closure, finding the BIA appropriately considered relevant factors under Matter of Avetisyan. (Sanchez-Banos v. Bondi, 8/1/25)
CA9 Holds That BIA Erred in Finding Romanian Petitioners’ Harm Did Not Cumulatively Rise to Level of Past Persecution
The court found that the record compelled the conclusion that the petitioners’ past experiences collectively rose to the level of persecution, and that the BIA erred when it determined that the Roma ethnicity is not a disfavored group in Romania. (Lapadat v. Bondi, 2/12/25, amended 7/31/25)
CA4 Upholds BIA’s Reversal of CAT Relief Based on Adverse Credibility and Insufficient Likelihood of Torture
The court held that substantial evidence supported the BIA’s conclusion that the IJ committed clear error in finding that petitioner demonstrated a sufficient likelihood of torture to be eligible for protection under the Convention Against Torture (CAT). (Colorado Navarro v. Bondi, 7/31/25)
Client Flyer: New Immigration Fees Authorized by the “One Big Beautiful Bill Act”
AILA provides a flyer to inform your clients of the new immigration fees authorized by H.R.1 (the "One Big Beautiful Bill Act"). The flyer is available as a generic PDF version as well as a Word version you can customize with your firm's information. Please share.
BIA Clarifies Burden on Respondents Claiming State Drug Conviction Is Overbroad
The BIA held that once DHS proves a state drug conviction by clear and convincing evidence, respondent bears the burden of showing a realistic probability the state prosecutes substances outside the federal controlled substance definition. Matter of Felix-Figueroa, 29 I&N Dec. 157 (BIA 2025)
CA3 Holds That It Lacks Jurisdiction over “Extraordinary Circumstances” Inquiry as to Untimely Filed Asylum Applications
The court held that it lacked jurisdiction to review the BIA’s determination that the petitioner failed to show extraordinary circumstances under INA §208(a)(2)(D) sufficient to excuse the late filing of his asylum application. (Real v. Att’y Gen., 7/30/25)
CA1 Upholds Denial of Cancellation as to Guatemalan Petitioner After Finding No Exceptional Hardship to U.S.-Citizen Children
The court held that petitioner did not show that the agency committed legal error by overlooking or otherwise failing to consider relevant evidence, or that his U.S.-citizen children would suffer exceptional and extremely unusual hardship upon his removal. (Rivera Samayoa v. Bondi, 7/28/25)
Deaths at Adult Detention Centers
AILA provides a continually updated list of press releases announcing deaths in adult immigration detention.
Policy Brief: ICE Plan to Detain Most Undocumented Noncitizens Would Deprive Millions of Liberty and Undermine Immigration Courts’ Authority
On July 8, ICE issued an internal memo updating its legal position on bond jurisdiction for individuals who entered the United States without inspection. This policy brief reviews the updates and impacts of that change.
DOJ Sues New York City Over Sanctuary Policies
DOJ filed a lawsuit against New York City, Mayor Adams, and other city officials to challenge the city's sanctuary laws. This follows similar DOJ lawsuits against several cities and states, including Los Angeles and New York State. (United States of America v. City of New York, et. al., 7/24/25)
CA1 Upholds Asylum Denial as to Guatemalan Petitioner Targeted by Robberies While Traveling to School
The court held that substantial evidence supported the BIA’s determination that petitioner failed to establish a nexus between the five robberies he suffered while traveling to school in Guatemala and either of his proposed particular social groups (PSGs). (Cano-Gutierrez v. Bondi, 7/24/25)