Featured Issues

Featured Issue: Representing Clients Before ICE

2/3/25 AILA Doc. No. 25010904. Removal & Relief

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

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.

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An unpublished ICE memo from acting ICE Director Caleb Vitello entitled “Interim Guidance: Civil Immigration Enforcement Actions in or near Courthouses” makes reference to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

Filing Administrative Complaints on Behalf of Detained and Formerly Detained Clients

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.

Pre Jan 20, 2025 Status Current Status
  • Unclear but attorneys should proceed with extreme caution in pursuing any relief under this process.
  • No recission has been announced.
  • No recission has been announced.
  • The 2021 Victim Centered Approach Memo and the 2011 Prosecutorial Discretion for Victims and Witness have allegedly been rescinded though no public updated guidance available at the time of this updated. Media reports suggest that the requirements of 1367 protections should still be followed.
  • No recission has been announced.
Browse the Featured Issue: Representing Clients Before ICE collection
8,451 - 8,475 of 13,030 collection items
Cases & Decisions, DOJ/EOIR Cases

IJ Grants Humanitarian Asylum to Romanian Applicant

In this unpublished decision, the IJ granted humanitarian asylum pursuant to 8 C.F.R. §1208.13(b)(1)(iii)(B) based on the reasonable possibility that the applicant would suffer other serious harm in Romania. Courtesy of Russell R. Abrutyn.

2/12/13 AILA Doc. No. 13040155. Asylum & Refugees, Removal & Relief
Cases & Decisions, Federal Court Cases

District Court Complaint Challenges Withholding Asylum Interview Notes Under FOIA

Complaint filed by the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area challenging the USCIS policy of withholding asylum interview notes in response to FOIA requests submitted for applicants’ A files. (Martins v. USCIS, 2/11/13)

2/11/13 AILA Doc. No. 13040154. Asylum & Refugees, Removal & Relief
Federal Agencies, Agency Memos & Announcements

Immigration Court and EOIR Office Closings for February 11, 2013

EOIR public statement announcing that the Hartford, Connecticut immigration court will be closed on Monday, February 11, 2013 due to inclement weather conditions.

2/11/13 AILA Doc. No. 13021142. Removal & Relief
Cases & Decisions, DOJ/EOIR Cases

BIA Finds IJ Cannot Deny Asylum Application Without Merits Hearings

In an unpublished decision, the BIA held that the IJ erred by requiring the asylum applicant to establish a prima facie asylum case in their written asylum application as a prerequisite to holding a hearing and remanded the case to the IJ. Courtesy of Patricia G. Mattos.

2/11/13 AILA Doc. No. 13050152. Asylum & Refugees, Removal & Relief
Cases & Decisions, Federal Court Cases

CA1 Upholds Denial of Asylum for Ecuadorian Indigenous Activist

The court denied asylum, finding that the harassment faced by the Ecuadorian petitioner due to her activities on behalf of the indigenous community did not amount to persecution and that the agency did not err in its factfinding. (Guaman-Loja., Holder, 2/7/13)

2/7/13 AILA Doc. No. 13021947. Asylum & Refugees, Removal & Relief

Factsheet on Amendment Regarding Third DUI Conviction.

A factsheet by The National Task Force to End Sexual and Domestic Violence Against Women on the proposed amendment to VAWA to expand the definition of aggravated felony to include a third DUI conviction.

2/7/13 AILA Doc. No. 13020752. Crimes, Humanitarian Parole, Removal & Relief, VAWA

Factsheet on Amendment Regarding Domestic Violence Convictions

A factsheet by The National Task Force to End Sexual and Domestic Violence Against Women on the proposed amendment to VAWA to expand the definition of aggravated felony to include all domestic violence convictions.

2/7/13 AILA Doc. No. 13020751. Crimes, Humanitarian Parole, Removal & Relief, VAWA
Cases & Decisions, Federal Court Cases

CA9 Remands Case to Allow Petitioner to File Cancellation Application

The court held that the BIA erred in finding that the petitioner did not comply with Lozada in his ineffective assistance of counsel claim, noting it does not require a specific type of submission to prove a bar complaint was filed. (Correa-Rivera v. Holder, 2/6/13)

2/6/13 AILA Doc. No. 12020850. Cancellation, Suspension & 212(c), Removal & Relief
Cases & Decisions, Federal Court Cases

CA11 Reverses BIA on Past Persecution

The court remanded the asylum case, holding the abuse the petitioner suffered – which included being detained for a week and subjected to physical abuse – rose to the level of past persecution, if the petitioner is found to be credible. (Shi v. U.S. Att’y Gen., 2/5/13)

2/5/13 AILA Doc. No. 13021244. Asylum & Refugees, Removal & Relief
Federal Agencies, Agency Memos & Announcements

EOIR Swears in New Assistant Chief Immigration Judge

EOIR press release announcing the swearing-in ceremony of Abigail M. Price as the newest assistant chief immigration judge which took place at the headquarters of Executive Office of Immigration Review (EOIR).

2/4/13 AILA Doc. No. 13020442. Removal & Relief
Cases & Decisions, Amicus Briefs/Alerts

AILA Files Amicus Brief on Mandatory Detention Under INA §236(c)

AILA amicus brief explaining how the plain language of the mandatory detention provisions in INA §236(c) is intended to operate in light of its statutory history, and arguing that the Third Circuit should not defer to the BIA’s holding in Matter of Rojas.

2/4/13 AILA Doc. No. 13020744. Crimes, Detention & Bond, Removal & Relief
AILA Public Statements, Correspondence

National Sign-On Letter Opposing Third DUI Resulting in an Aggravated Felony

On 2/4/13 AILA joined over 100 other groups in a sign-on letter calling on the Senate to oppose and amendment to VAWA that would make a 3rd DUI result in an aggravated felony for the purposes of immigration.

2/4/13 AILA Doc. No. 13020748. Crimes, Humanitarian Parole, Removal & Relief, VAWA

AIM February: AILA Interview of the Month with Francisco Gutierrez

AILA Interview of the Month (AIM) is a series of short interviews on immigration from many perspectives. This month a young student at Georgetown University joins us to discuss his experience applying for DACA.

2/4/13 AILA Doc. No. 13020444. DACA, Deferred Action, Removal & Relief
Federal Agencies, Agency Memos & Announcements

Immigration Law Advisor, January 2013 (Vol. 7, No. 1)

Immigration Law Advisor, a legal publication from EOIR, with an article on humanitarian asylum, as well as circuit court decisions from December 2012, calendar year 2012 totals, recent BIA precedent decisions, and a regulatory update.

2/1/13 AILA Doc. No. 13020199. Asylum & Refugees, Removal & Relief
Cases & Decisions, Federal Court Cases

CA9 Denies Adjustment Where Record on Drug Conviction Is Inconclusive

The court held that the petitioner is ineligible for adjustment due to a 1997 conviction for possession of marijuana for sale, finding the record was unclear as to whether the state court changed his conviction to simple possession. (Lopez-Vasquez v. Holder, 2/1/13)

2/1/13 AILA Doc. No. 13020849. Crimes, Removal & Relief
Federal Agencies, Agency Memos & Announcements

Michigan Reverses Decision, Will Grant Drivers Licenses to DACA Recipients

Michigan Department of State press release announcing Michigan will issue driver’s licenses and ID cards to DACA recipients following the release of updated USCIS FAQs specifying that DACA recipients are lawfully present.

Cases & Decisions, Federal Court Cases

CA1 Holds BIA Erred in Finding Petitioner Removable for Alleged CIMT

Employing the modified categorical approach, the court found it unclear whether the petitioner’s CT conviction for larceny involved intent to permanently or temporarily deprive the owner of property and held that he is not removable. (Patel v. Holder, 2/1/13)

2/1/13 AILA Doc. No. 13021240. Crimes, Removal & Relief
Cases & Decisions, Federal Court Cases

CA4 on Deportation Suspensions in Light of NACARA

The court held that the petitioner was limited by the modified categorical approach in what evidence he could present to show that his 1996 conviction was not a crime of violence, despite the record of conviction being inconclusive. (Mondragon v. Holder, 1/31/13)

Cases & Decisions, DOJ/EOIR Cases

BIA Reverses IJ on Exception to One-Year Asylum Filing Deadline

In an unpublished decision, the BIA held the respondent qualified for an exception to the one-year filing deadline based on her mother’s later arrest by Chinese officials, noting that “changed personal circumstances may form the basis of an exception.” Courtesy of Alan Lee.

2/1/13 AILA Doc. No. 13021525. Asylum & Refugees, Removal & Relief
Federal Agencies, Agency Memos & Announcements

DOJ OIL January 2013 Litigation Bulletin

The DOJ Office of Immigration Litigation (OIL) January 2013 Litigation Bulletin where the Seventh Circuit ruled that pending adjustment application did not toll accrual of days without “lawful status” for adjustment of status purposes.

1/31/13 AILA Doc. No. 13013159. Adjustment of Status, Asylum & Refugees, Crimes, Removal & Relief
Federal Agencies, Agency Memos & Announcements

Napolitano Letter Regarding Impact of Sequestration on DHS

Letter from Secretary of Homeland Security Janet Napolitano to the Senate Committee on Appropriations regarding the potential impacts of a March 1, 2013 sequestration on DHS, including effects on CBP, ICE, TSA, and more.

1/31/13 AILA Doc. No. 13022247. Admissions & Border, Removal & Relief
Cases & Decisions, Amicus Briefs/Alerts

Kucana, An Inside Look

AILA Amicus Committee alert on Kucana, a 2010 Supreme Court decision where the Court reviewed whether 8 U.S.C. § 1252(a)(2)(B)(ii) strips jurisdiction from federal courts to review rulings on motions to reopen by the Board of Immigration Appeals.

1/30/13 AILA Doc. No. 10013059. Removal & Relief
Cases & Decisions, DOJ/EOIR Cases

BIA Finds HIV Diagnosis Constitutes Changed Circumstances in Asylum Case

In an unpublished asylum case, the BIA reversed the IJ, finding that the respondent’s HIV diagnosis and subsequent AIDS diagnosis constituted changed circumstances for the purposes of the one-year filing deadline. Courtesy of Ashley Huebner.

1/30/13 AILA Doc. No. 13030458. Asylum & Refugees, LGBTQ, Removal & Relief
Cases & Decisions, DOJ/EOIR Cases

BIA on the U.N. Convention Against Transnational Organized Crime

The Board found the respondent was statutorily barred from CAT relief, and held that the U.N. Convention Against Transnational Organized Crime does not provide an independent basis for relief in immigration proceedings. Matter of G-K-, 26 I&N Dec. 88 (BIA 2013)

1/30/13 AILA Doc. No. 13013148. Asylum & Refugees, Removal & Relief
Cases & Decisions, Federal Court Cases

CA8 Upholds Adverse Credibility Determination, Denies Relief

The court upheld the IJ’s adverse credibility determination and denied asylum, withholding, and CAT relief, finding that the IJ highlighted the inconsistencies and implausibilities in the applications, testimony, and hearing exhibits. (Fofana v. Holder, 1/29/13)

1/29/13 AILA Doc. No. 13020152. Asylum & Refugees, Removal & Relief