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
AILA Applauds Today’s Congressional Effort to Reform Detention Legislation
AILA applauds Senators Menendez (D-NJ) and Kirsten Gillibrand (D-NY) for bringing forth a package of legislation to reform our country's detention system.
CA7 Finds BIA Violated Applicant's Statutory Right to a Reasonable Opportunity to Present Evidence of Eligibility
CA7 finds that, once the BIA assumed IJ’s error in disregarding the motion for a continuance, it should have remanded the case to allow the IJ to consider the additional evidence or addressed the petitioner’s alternative ground for eligibility as a matter of law. (Figueras v. Holder, 7/27/09)
CA5 Rejects Argument that Post-Departure Bar is Contrary to IIRIRA Provisions
CA5 finds the petitioner may not rely on 8 U.S.C. §1229a(c) to challenge the post-departure bar in 8 CFR §1003.2(d), which the BIA interpreted as overriding its sua sponte authority to reconsider or reopen the petitioner’s case. Denies petition for review. (Ovalles v. Holder, 7/27/09)
ICE Detainee Dies in South Carolina
On July 24, 2009, a detainee, being held by ICE on immigration violations in South Carolina, died. An autopsy is being conducted.
Acting EOIR Director Snow Responds to NYT Article Regarding Stress Suffered by Overburdened IJs
EOIR posted a letter from Thomas Snow, Acting Director, EOIR, to the editor of The New York Times regarding a 7/10/09 article titled “Immigration Judges under Strain.”
BIA on Adjustment Based on a Marriage Entered into While in Removal Proceedings
The BIA held that a MTR to apply for adjustment based on marriage after the commencement of removal proceedings may not be denied under the Matter of Velarde’s fifth factor based on the mere fact that the government opposes the motion. Matter of Lamus, 25 I&N Dec. 61 (BIA 2009)
BIA on Deportation Orders Issued in Absentia
The BIA held that an individual's departure while under an outstanding order of deportation or removal issued in absentia does not deprive the IJ of jurisdiction to entertain a MTR to rescind the order if the motion is premised upon lack of notice. Matter of Bulnes, 25 I&N Dec. 57 (BIA 2009)
BIA Finds a Reasonable Inference of Marriage Fraud Is Not Substantial and Probative
In an unpublished decision, the BIA held that misrepresentation of the viability of a marriage does not mean the marriage was fraudulent, and a reasonable inference of marriage fraud is not substantial and probative. Courtesy of Scott Devore.
Immigration Law Firm Indicted for Conspiracy to Commit Alien Smuggling and Visa Fraud
The U.S. District Court for the District Court of Utah, Central Division, issued an indictment of The Alcala Law Firm, on charges of conspiracy to commit alien smuggling and visa fraud. (United States v. The Alcala Law Firm, PC, 7/22/09)
CA1 Finds No Basis for BIA Remand on Magana Exception
The court held that the BIA was not required to remand the issue of whether Petitioner qualified for an equitable exception allowing an annulled marriage to be recognized in the interests of justice, rather than resolve the issue itself. (McCreath v. Holder, 7/21/09)
BIA Finds Notice of Hearing Was Not Properly Served
In an unpublished decision, the BIA grants motion and rescinds in absentia removal order, finding that notice of hearing was not properly served, as it was given to the attorney who appeared for the respondent at the hearing, but the respondent had not retained him. Courtesy of Gurpatwant S. Pannun.
AILA Files Amicus Brief Setting Forth Principles Underlying Brand X and Chevron
AILA amicus brief in Matter of Gomez-Barajas before the BIA, addressing Chevron deference and the holding in Brand X that in limited instances, an agency may disagree with circuit court decision and offer different interpretation of a statute.
BIA Lacks Jurisdiction to Review DHS Appeal of IJ Decision
The BIA held that it lacks jurisdiction to review a DHS appeal of an IJ’s decision to vacate an expedited removal order after a claimed status review hearing, at which the IJ determined the respondent to be a U.S. citizen. Matter of Lujan-Quintana, 25 I&N Dec. 53 (BIA 2009)
CA2 on Consular Nonreviewability and Material Support
The court remanded to consider whether the consular officer properly applied INA §212(a)(3)(B)(iv)(VI)(dd) by giving the applicant the chance to negate the allegation that he knew he was providing material support. (American Academy of Religion v. Napolitano, 7/17/09)
CA9 Finds California Conviction for Owning and Operating a Chop Shop Is Not an Aggravated Felony
Court holds that a violation of Cal. Veh. Code § 10801 does not categorically qualify as an aggravated felony theft offense, nor that the petitioner’s violation constituted a theft offense under the modified categorical approach. (Carrillo-Jaime v. Holder, 7/15/09)
CA9 Holds BIA Erred in Finding Application Improperly Filed Because of Unsigned Check
The court grants petition for review and remands. Finds no regulation specifies that USCIS must reject a signed application accompanied by an unsigned check for the right amount of the fee, when all other aspects of the application are complete and proper.(Blanco v. Holder, 7/15/09)
BIA Holds IJ Can Conduct De Novo Review of TPS Eligibility
The BIA clarified that Barrientos was not meant to restrict an IJ’s jurisdiction to review a TPS application and that exhaustion of DHS appeal procedures is not required before an IJ may conduct a de novo review of TPS eligibility. Matter of Lopez-Aldana, 25 I&N Dec. 49 (BIA 2009)
ICE Releases Statistics on Arrests for the Third Quarter of FY 2009
ICE reports an increase in criminal arrests on the SW border during the third quarter of FY 09, and an increase in the number for foreign nationals returned to countries of origin in 2009, compared to 2008. Data is also provided on the number of people screened through Secure Communities.
DHS Privacy Impact Assessment for eBONDS Phase 1
DHS Privacy Impact Assessment of phase 1 of Bonds Online System (eBONDS), a web-based application that allows surety companies to post bonds for aliens that DRO has determined are eligible for release on bond, documents the system's use and collection of personally identifiable information.
CA10 Finds it Lacks Jurisdiction to Review Denial of Application for Cancellation of Removal
Petition dismissed for lack of jurisdiction. Court rejects petitioner’s violation of due process claim. Notes that because cancellation of removal is a form of discretionary relief, petitioner cannot raise due process challenge. (Arambula-Medina v. Holder, 7/10/09)
CA9 Remands to BIA for Consideration of the Effect of Dada v. Mukasey
The court remands to the BIA to consider whether Dada v. Mukasey applies to those whose voluntary departure period was stayed by the BIA during the pendency of a motion to reopen prior to the holding in Dada. (Nevarez v. Holder, 7/8/09)
BIA on LPR Abandonment of Status
In an unpublished decision, the BIA held that DHS failed to show a returning resident who re-entered the U.S. after two years and nine months abroad was not admissible, finding the key is whether activities are consistent with intent to return as soon as practicable. Courtesy of William A. Hahn.
CA9 Finds the Government May Issue an NTA Stating that the Date and Time of the Hearing Will Be Set Later
Court holds that a Notice to Appear (NTA) that fails to include the date and time of a deportation hearing, but that states that a date and time will be set later, is not defective so long as a notice is in fact later sent. (Popa v. Holder, 7/6/09)
CA2 Finds BIA Erred by Ignoring Attorney's Sworn Statement
The court held that the BIA erred by not considering the attorney’s sworn affirmation stating that Petitioner did not understand the immigration judge’s instructions regarding the requirement to show up at his hearing. (Kulhawik v. Holder, 7/6/09)
CA6 Finds Auto Theft Is Not a Crime of Violence, Not an Aggravated Felony
The court holds that auto theft, as defined in the California Penal Code § 487 (1989), is not a “crime of violence” under 18 U.S.C. § 16(b) and cannot serve as an “aggravated felony” warranting deportation of a permanent resident alien. Remands. (Nguyen v. Holder, 7/2/09).