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 Finds Jordanian Wishing to Sell Land to Israeli Government Eligible for Asylum
Unpublished BIA decision sustaining the appeal for the asylum denial, finding that the respondent established a fear of future persecution by the Palestinian Authority and Hamas regarding efforts to sell land to the Israeli government. Courtesy of Div Gopal.
CA1 Lacks Jurisdiction to Review NACARA Special Rule Cancellation
The court held it lacked jurisdiction because the petition for review for discretionary cancellation of removal under §203 of NACARA did not contain constitutional claims or questions of law. (Castro v. Holder, 8/16/13)
CA7 Remands Denied Asylum Claim for Political Activist from Belarus
The court remanded, finding the BIA abused its discretion when it did not consider the factually distinct claims of future persecution in Belaus and rejected these claims based solely on the past adverse credibility finding. (Boika v. Holder, 8/16/13). Courtesy of Alexander Segal.
CA10 Remands Asylum Denial for Anti-Maoist from Nepal
In a nonprecedential decision, the court reversed and remanded, finding that the IJ erred in failing to find a nexus between the petitioner’s past persecution and his political opinion relating to his involvement with the Nepali Congress Party (NCP). (Sherpa v. Holder, 8/16/13)
AIC Practice Advisory: Motions to Suppress in Removal Proceedings
The American Immigration Council’s Legal Action Center (LAC) issued a practice advisory, Motions to Suppress in Removal Proceedings: Cracking Down on Fourth Amendment Violations by State and Local Law Enforcement Officers, on Fourth Amendment limitations in immigration enforcement efforts.
BIA Terminates Proceedings After Pardon Granted
Unpublished BIA decision terminating proceedings after the respondent was granted a full and unconditional pardon by the Governor of Ohio for his conviction for felony assault in violation of Ohio Revised Code section 2903.13(A). Special thanks to IRAC. (Matter of Lawlor, 8/16/13)
BIA Upholds Removal Order As Board Has No Authority to Consider Constitutional Challenge to INA
Unpublished BIA decision where the Board upheld a removal order against a lawful permanent resident who served in the Marine Corps, as the Board has no authority to consider the respondent’s constitutional challenge to his removability. Special thanks to IRAC. (Matter of Hinds, 8/16/13)
BIA Denies Motion Because Respondent Does Not Qualify for Derived Citizenship
Unpublished BIA decision where the Board found the respondent did not derive citizenship from his mother because he was already 21 when she naturalized and that the adjudication of his mother's application was not improperly delayed. Special thanks to IRAC. (Matter of Gould, 8/16/13)
CA6 on Standard of Proof in Removal Proceedings for LPR Deemed Inadmissible
The court vacated the BIA’s decision and remanded, holding that where the government seeks to remove an LPR based on the inadmissibility ground of abandoning LPR status, it must prove by clear, unequivocal, and convincing evidence that the LPR is inadmissible. (Ward v. Holder, 8/15/13)
BIA Remands So IJ May Consider Impact of Reduced Criminal Sentence on Removability
Unpublished BIA decision remanding for further consideration of respondent's eligibility for voluntary departure after his sentence for theft was reduced to six months, making him eligible for the INA petty offense exception. Special thanks to IRAC. (Matter of Cuevas-Beltran, 8/15/13)
BIA Remands Because IJ Did Not Advise Respondent of All Forms of Eligible Relief
Unpublished BIA decision where the Board found the respondent knowingly waived his right to counsel but remanded the case because the IJ must advise the respondent of the forms of eligible relief including voluntary departure. Special thanks to IRAC. (Matter of Barajas Acevedo, 8/15/13)
BIA Reopens Proceedings Sua Sponte After Padilla Hearing and Amended Pleas
Unpublished BIA decision reopening proceedings sua sponte after a state court vacated the conviction for attempted assault in the second degree in violation of N.Y.P.L. 110-120.05-02 and allowed him to plead guilty to a lesser violation. Special thanks to IRAC. (Matter of Rajpaul, 8/15/13)
CA10 Dismisses Adjustment Case for Lack of Jurisdiction
In a nonprecedential decision, the court dismissed the petition for lack of jurisdiction, finding that the BIA’s decision on ineligibility for adjustment of status did not affect the BIA’s exercise of discretion. (Girard-Lara v. Holder, 8/14/13)
CA9 Grants Petition for Review of Reinstated Order of Removal and Remands to ICE
The court directed ICE to reconsider the case on remand, holding that because the prior removal order was invalidated on constitutional grounds, the government could not rely on a pre-prosecution determination to reinstate the prior order. (Villa-Anguiano v. Holder, 8/14/13)
Trouble with EOIR Registration? EOIR Says "Try Again"
AILA has learned of a glitch in the EOIR registration system whereby EOIR sent an e-mail indicating that a request for a new account had been denied. EOIR is aware of the problem and reports that attorneys receiving this e-mail should simply re-register.
BIA Finds Respondent’s Infraction To Be a “Conviction”
Unpublished BIA decision where the Board rejected the respondent's argument that a theft offense where he pled nolo contendere was not a "conviction" for immigration purposes because it was processed as an "infraction.” Special thanks to IRAC. (Matter of Ugas Gil, 8/14/13)
BIA Denies Claim Finding Respondent Could Not Rely on Misstatements by USCIS
Unpublished BIA decision upholding order of removal and denying respondents’ claim that the government was equitably estopped from removing them based on the respondent's receipt of an erroneous USCIS letter referring to an approved AOS. Special thanks to IRAC. (Matter of Qureshi, 8/14/13)
BIA Remands for Reopening Due to Respondent’s Eligibility for AOS
Unpublished BIA decision where proceedings were reopened as matter of discretion to allow the respondent to pursue adjustment as beneficiary of an approved visa petition filed after receiving pre-conclusion voluntary departure. Special thanks to IRAC. (Matter of Rodriguez Martinez, 8/14/13)
BIA Denies Interlocutory Appeal as Question Raised Not Within Jurisdiction
Unpublished BIA decision where the Board declined to exercise jurisdiction over a DHS interlocutory appeal challenging the decision of an IJ to admin close proceedings against a detained respondent awaiting adjudication of a U visa. Special thanks to IRAC. (Matter of Khan, 8/14/13)
BIA Declines Interlocutory Appeal As Issues Raised Do Not Fall Within Limited Ambit of Appropriate Cases
Unpublished BIA decision where the Board declined to exercise jurisdiction over a DHS interlocutory appeal challenging the decision of an IJ to admin close proceedings against a detained respondent. Special thanks to IRAC. (Matter of Aguilera, 8/14/13)
BIA Terminates Proceedings After DHS Fails To Provide Proof LPR Card Is Fraudulent
Unpublished BIA decision where the Board terminated proceedings against the respondent upon finding DHS provided no reason not to accept at face value the LPR card he was granted in 1990. Special thanks to IRAC. (Matter of Diaz, 8/14/13)
BIA Remands Order of Removal Issued in Absentia Due to Respondent’s Mother’s Actions
Unpublished BIA decision where the Board remanded respondent's motion to reopen an order of removal issued in absentia, due to respondent's mother intentionally hid the NTA and hearing notices and forged his signature on an EOIR-28. Special thanks to IRAC. (Matter of Escobar, 8/14/13)
Brookings Report with Statistics on the DACA Program
Brookings report on the first year of the Deferred Action for Childhood Arrivals (DACA) program, with statistics drawn from a FOIA request to DHS requesting information on the size of the program, demographics, geographic distribution, age, and year of arrival of applicants.
AILA Quicktake #48: Pocket DACA (Updated 8/15/13)
Pocket DACA is a new app for smartphones and tablets that will help immigrants brought to this country as children understand the Deferred Action for Childhood Arrivals (DACA) process. Patrick Taurel, DACA Legal Services Fellow with the American Immigration Council, joins us to discuss the app.
Pocket DACA: A How-To Guide
Please use this one-minute video to guide you through the helpful Pocket DACA App. This newly-released app is designed to help immigrants brought to this country as children understand the Deferred Action for Childhood Arrivals (DACA) process and link them with AILA attorneys when needed.