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
CA7 Upholds Asylum Denial as to Honduran Petitioner Threatened by Former Leader of Land Cooperative
The court upheld the agency’s denial of asylum and withholding of removal, finding that the petitioner, who was threatened by a former leader of a Honduran land cooperative, failed to show that Honduran authorities were unable or unwilling to protect her. (Martinez-Martinez v. Bondi, 8/14/25)
EOIR Policy Memo (PM) 25-41 Establishing Updated Guidance for the Dedicated Docket
EOIR Acting Director Sirce E. Owen issued policy memo (PM) 25-41 establishing updated guidance for the Dedicated Docket. Moving forward, DHS may schedule any cases placed on its Alternatives to Detention (ATD) program onto the Dedicated Docket. This PM supersedes and replaces EOIR PM 21-23.
BIA Holds That Lack of Corroboration May Be Independent Basis to Deny Asylum or Withholding
The BIA held that a respondent’s nonresponsive and evasive testimony supports an adverse credibility determination, and that lack of corroboration may be an independent basis to find respondent has not shown eligibility for asylum or withholding. Matter of G–C–I–, 29 I&N Dec. 176 (BIA 2025)
CA2 Upholds BIA’s Denial of Continuance Where Petitioner Failed to Demonstrate Good Cause
The court held that the agency did not abuse its discretion in denying a continuance, finding that the petitioner failed to establish that his U.S.-citizen newborn child would suffer “exceptional and extremely unusual hardship” under INA §240A(b)(1)(D). (Hernandez Flores v. Bondi, 8/14/25)
CA5 Upholds Asylum Denial as to Venezuelan Opposition Member Shot and Threatened by Paramilitary Group
The court found that the petitioner, who feared persecution by a paramilitary group in Venezuela, failed to establish past persecution from death threats and a gunshot wound or demonstrate a well-founded, objectively reasonable fear of future persecution. (Montiel Rubio v. Bondi, 8/13/25)
CA3 Finds Mexican Petitioner’s Asylum Claim Was Unexhausted and Upholds BIA’s Denial of Cancellation
The court found that the BIA did not abuse its discretion in finding petitioner waived his challenges to the denial of asylum and related relief, upheld the BIA’s denial of cancellation of removal, and held that the BIA properly rejected his due process claim. (Sanchez v. Att’y Gen., 8/15/25)
CA3 Finds BIA’s Incorrect Ruling on New Evidence Relevant to Reopening Was Harmless Error
The court held that although the BIA legally erred in concluding that the birth of the petitioner’s daughter was not new evidence that could justify reopening because it occurred a few weeks before the BIA issued its decision, its error was harmless. (Suchite-Salguero v. Att’y Gen., 8/14/25)
CA4 Upholds Asylum Denial as to Salvadoran Petitioner Based on Lack of Nexus
The court upheld the agency’s conclusion that petitioner had not been persecuted on the basis of membership in her immediate family, and found there was a lack of nexus between the home invasion she experienced and her status as a single Salvadoran woman. (Rivas de Nolasco v. Bondi, 8/14/25)
CA4 Holds Federal Conviction under 18 USC §922(a)(1)(A) Qualifies as Aggravated Felony of Illicit Trafficking in Firearms
The court held that the petitioner’s federal conviction under 18 USC §922(a)(1)(A) for engaging in the business of dealing firearms without a license qualified as the generic aggravated felony of illicit trafficking in firearms under INA §101(a)(43)(C). (Alvarez Ronquillo v. Bondi, 8/14/25)
CA7 Upholds Cancellation Denial as to Mexican Father of U.S.-Citizen Children with Anxiety Disorders
The court upheld the denial of cancellation of removal based on no exceptional and extremely unusual hardship, finding that the petitioner’s children’s anxiety reflected stress commonly seen in removal proceedings and that financial harm could be mitigated. (Santos Mendoza v. Bondi, 8/14/25)
Featured Issue: Immigration Enforcement Under Trump 2.0
The Administration has ramped up immigration enforcement efforts, including arresting people attending hearings at immigration courts and appointments at USCIS and ICE field offices. Far from keeping us safe, indiscriminate enforcement harms our families, communities, and our nation as a whole.
CA4 Remands for New Removal Hearing Where BIA Erroneously Rejected Petitioner’s Ineffective Assistance Claim
The court held that the BIA erred in finding that petitioner failed to show counsel was ineffective, where counsel proposed a legal theory foreclosed by controlling precedent and omitted arguments with a strong chance of success, resulting in prejudice. (Guandique-de Romero v. Bondi, 8/13/25)
CA7 Upholds Asylum Denial as to Nicaraguan Petitioner Who Supported Anti-Government Protests
The court held that substantial evidence supported BIA’s finding that petitioner, who feared state-sponsored retribution in Nicaragua for supporting anti-Sandinista protesters, failed to show a well-founded fear of future persecution or likelihood of torture. (Rivas-Jarquin v. Bondi, 8/11/25)
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)