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
CBP Service Motion to Reopen Finding Utah Wrong Appropriation Conviction Not CIMT
CBP service motion to reopen on Form I-192, finding that a conviction of wrongful appropriation, in violation of 76 6 404.5 of the Utah Criminal Code, does not constitute a crime involving moral turpitude (CIMT) and thus has no effect on admissibility. Courtesy of J. Christopher Keen.
CA8 Denies Asylum to Chinese Christian from Indonesia
The court denied asylum, upholding the findings of the IJ and BIA that the harm Petitioner suffered did not rise to the level of persecution, while also noting State Department reports of decreased violence involving Chinese Christians in Indonesia. (Supangat v. Holder, 11/7/13)
BIA Remands Finding That LPR Abandoned Status Due to Ineffective Assistance of Counsel
Unpublished BIA decision remands for further consideration of whether respondent abandoned LPR status where the prior attorney failed to submit evidence of ties to United States (Matter of Ye, 11/8/13) Special thanks to IRAC.
CA11 Holds Florida Possession with Intent to Deliver Controlled Substance Is Not Aggravated Felony
The court granted the petition, vacated and remanded, applying the categorical approach and holding that a conviction under Fla. Stat. §893.13(1)(a)(2) for the possession of cannabis with the intent to sell or deliver is not an aggravated felony. (Donawa v. U.S. Att’y Gen., 11/7/13)
BIA Holds Pending Application for H-1B Extension Does Not Confer "Lawful Status" Under INA 245(k)
Unpublished BIA decision upholds denial of adjustment application and finds the filing of an application to extend nonimmigrant status does not confer “lawful status” under Section 245(k) of the INA. (Matter of Trupcevic, 11/7/13) Special thanks to IRAC.
BIA Finds IJ Failed to Advise Respondent of Eligibility for Cancellation
Unpublished BIA decision remands record because IJ neglected to advise respondent of potential eligibility for non-LPR cancellation under 8 CFR 1240.11(a)(2). (Matter of Leon, 11/7/13) Special thanks to IRAC.
BIA Remands for IJ to Consider Impact of New Medical Diagnosis of Child
Unpublished BIA decision remanding cancellation denial, asking IJ to consider new Attention-Deficit-Hyperactivity Disorder diagnosis of respondent’s son as well as wife’s health and income in assessing hardship to children, who are qualifying relatives. Courtesy of Diana M. Bailey.
Practice Alert on Long-Pending DACA Cases at the Nebraska Service Center (Updated 12/30/13)
The AILA NSC Liaison Committee alerts members of long-pending DACA cases at the Nebraska Service Center and summarizes common factors in some cases that may explain slow processing times.
CA9 Overturns Asylum Denial for Pakistani Petitioner
The court overturned the termination of Petitioner’s asylum status, finding that DHS failed to give proper notice of its witnesses or exhibits, and since Petitioner refused to testify, the exhibits could not be used as impeachment evidence. (Urooj v. Holder, 11/6/13)
CA1 Remands Pentecostal Russian Asylum Claim
The court vacated and remanded, finding that the BIA erred when it found that the persecution the petitioner experienced in Russia was not “on account of” his Pentecostal faith. (Ivanov v. Holder, 11/5/13)
IJ Finds Marijuana Conviction Is Not Categorically an Aggravated Felony
Immigration judge issued an order that applies Moncrieffe and concludes that the respondent is not removable as an aggravated felon for his conviction of possessing marijuana with intent to distribute and remains eligible to be considered for cancellation. Courtesy of Joshua Sleper.
BIA Holds E-2 Spouses Not Required to Obtain EAD
Unpublished BIA decision reverses denial of adjustment application and holds respondent was not required to obtain an employment authorization document as the spouse of an E-2 treaty investor. Special thanks to IRAC. (Matter of Lee, 11/5/13)
DOJ Requests Comments on Voluntary Form EOIR 31A
DOJ 60-day comment request on the Request by Organization for Accreditation of Non-Attorney Representative (Voluntary Form EOIR-31A). Comments are due 1/6/14. (78 FR 66382, 11/5/13)
BIA Remands Case of Unrepresented Respondent With Limited English Skills
Unpublished BIA decision remands to allow unrepresented respondent who was unfamiliar with English to apply for relief from removal. (Matter of Gomez-Amaya, 11/5/13) Special thanks to IRAC.
CA1 Upholds Adverse Credibility Finding for Guatemalan Petitioner
The court denied the application for CAT relief and upheld the adverse credibility finding due to the Petitioner’s inconsistencies in his submissions and testimony. (Martinez v. Holder, 11/4/13)
CA1 Denies Asylum to Former 18th Street Gang Member from El Salvador
The court denied the petition for review, upholding the BIA’s finding that membership in a violent criminal street gang cannot serve as the basis for protected-group status under the INA. (Cantarero v. Holder, 10/31/13)
BIA Finds Criminal Indictment Is Not Clear and Convincing Evidence of Date of Offense
Unpublished BIA decision finds statement in criminal indictment saying offense occurred “on or about” a particular date does not constitute clear and convincing evidence that the offense actually occurred on that date. Special thanks to IRAC. (Matter of Clase, 10/31/13)
AILA Amicus Brief on When an Order of Removal is Final for Purposes of Judicial Review
AILA amicus brief urging the Ninth Circuit Court of Appeals to grant rehearing in Abdisalan v. Holder to clarify when a final order of removal exists for purposes of filing a petition for review in cases where the BIA denies one immigration benefit and remands for consideration of another.
BIA Finds Respondent Failed to Appear Due to Alleged Clerical Error
Unpublished BIA decision finds alleged clerical error by immigration court regarding date of hearing constitutes exceptional circumstances justifying failure to appear. Special thanks to IRAC. (Matter of Mendez, 10/30/13)
District Court Awards $20,000 in Attorney’s Fees in FOIA Lawsuit
Settlement agreement reached in district court in a FOIA lawsuit seeking the release of asylum officer notes. The agreement stipulated that DHS pay $20,000 in attorney’s fees. DHS handed over the asylum officer notes prior to settlement. (Hemed v. DHS, 10/30/13)
CA4 Holds LPRs With Serious Offenses Are Treated as “Seeking Admission” When Entering from Abroad
The court denied the petition, holding that the Fleuti doctrine did not survive IIRIRA’s enactment, and that LPRs who commit serious offenses are always treated as “arriving” aliens when entering from abroad and subject to removal under §101(a)(13)(C)(v), 212(a)(2). (Othi v. Holder, 10/29/13)
CA10 Upholds Cancellation of Removal Denial
The court denied the petition for review, finding that since the Petitioner had been granted suspension of deportation during prior deportation proceedings, he was ineligible for cancellation of removal under INA §240A. (Velasco v. Holder 10/29/13)
ICE FAQs on Immigration Detainers
Undated ICE FAQs on immigration detainers.
CA10 Dismisses Untimely Petition for Review for Lack of Jurisdiction
The court dismissed the untimely petition for review for lack of jurisdiction, finding that the initial removal order was final, notwithstanding a subsequent remand to the IJ regarding voluntary departure. (Batubara v. Holder, 10/28/13)
EOIR Immigration Court Practice Manual Updates
EOIR alert that the Immigration Court Practice Manual has been updated to reflect the new zip code for all EOIR components located in Falls Church, VA, as well as a new address for the Portland Oregon Immigration Court.