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
CA9 Upholds 8 CFR §212.7(d) and Allows its Retroactive Application in Denial of §212(h) Waiver
The court held that 8 CFR §212.7(d)'s heightened hardship standard for §212(h) cases involving a “violent or dangerous” crime, is a permissible exercise of AG authority and may be applied to convictions that occurred before the effective date of the regulation. (Mejia v. Gonzales, 8/24/07)
CA9 Finds Sworn Affidavit Not Required for Rescission of In Absentia Removal Order
The court held that Petitioner’s pro se letter, along with other circumstantial evidence, was sufficient to overcome the presumption of service and to demonstrate that she did not receive notice for purposes of rescinding her in absentia removal order. (Sembiring v. Gonzales, 8/24/07)
CA9 Finds District Court Jurisdiction Over Narrow Claim of Ineffective Assistance of Counsel
CA9 held that the district court has jurisdiction over a habeas petition claiming ineffective assistance of counsel that arises from an attorney’s failure to file a timely petition for review, because the claim does not require review of a final order. (Singh v. Gonzales, 8/24/07).
CA2 Remands for Interpretation of “Approvable When Filed” for §245(i) Purposes
The court retained jurisdiction to consider whether the IJ abused her discretion in denying Petitioner's request for a continuance, but remanded to the BIA to determine whether Petitioner was grandfathered for purposes of INA §245(i). (Butt v. Gonzales, 8/23/07)
CA7 Upholds BIA’s Denial of MTR Based on Changed Personal Circumstances
The court agreed with the BIA that INA §240(c)(7)(C)(ii) allows for motions to reopen beyond the 90-day time limit based only on changed country conditions, not a change in personal circumstances. (Chen v. Gonzales, 8/23/07)
CA7 Rejects BIA’s Finding that Applicant’s FGM Claim Was Not Well-Founded
The court held that Petitioner’s testimony was corroborated by an affidavit from her doctor and an affidavit from her and her father’s pastor in Nigeria verifying that her in-laws sought to have her undergo FGM.(Oyekunle v. Gonzales, 8/22/07)
ICE Announces ACCESS Program to Foster Local Law Enforcement Partnerships
On August 21, 2007, ICE announced ACCESS, a new program to foster partnerships with local law enforcement. Under this program, ICE is offering assistance with immigration law enforcement and in other areas.
CA5 Remands to BIA to Allow Government to Withdraw Charge of Removability
CA5 vacated its prior opinion and remanded to the BIA for the government to withdraw the charge of removability for a controlled substance conviction which was vacated for substantive reasons and thus is no longer a “conviction” under Pickering. (Gaona-Romero v. Gonzales, 8/21/07)
CA6 Finds No Jurisdiction to Review VWP Entrant’s Request for Adjustment of Status
The court held that a VWP entrant who remains beyond the authorized period then files for adjustment of status has waived the right to seek review of the denied adjustment application, as well as the right to contest removal through a renewed application. (Lacey v. Gonzales, 8/21/07)
USCIS Notice to Individuals Granted Immigration Benefits by an IJ or the BIA
A USCIS notice to individuals granted immigration benefits by an immigration judge or the Board of Immigration Appeals. Guidance is provided on obtaining documentation of status.
CA2 Rejects Humanitarian Asylum for Lack of Physical/Mental Harm
The court found no evidence of long-lasting physical or mental effects of the persecution Petitioner suffered, which included physical attacks, the rape of his wife in his presence, and burning his house to the ground. (Jalloh v. Gonzales, 8/17/07)
CA2 Says BIA Must Give Opportunity to Rebut Administrative Notice
The court held that the BIA erred when it failed to give Petitioner notice and the opportunity to rebut its intention to consider as administratively noticed the fact that the Mislosevic regime had been dismantled. (Burger v. Gonzales, 8/17/07)
CA8 Rejects One-Year Deadline Asylum Claim Based on UN Refugee Protocol
CA8 held that it lacked jurisdiction to review the reasons for filing outside the one-year deadline, but that it did have jurisdiction to address whether the one-year deadline conflicted with the UN Refugee Protocol. It found the argument without merit.(Purwantono v. Gonzales, 8/17/07)
CA9 Finds Jurisdiction to Review Due Diligence Claim for Tolling of Motion to Reopen Deadline
The court found that the question of whether Petitioner acted with due diligence for purposes of equitable tolling of the motion to reopen deadline was a reviewable mixed question of law and undisputed fact. (Ghahremani v. Gonzales, 8/17/07)
CA5 Remands Case Involving False Claim to U.S. Citizenship to Gain Admission to University
CA5 remanded to the BIA for reconsideration, in light of Theodros v. Gonzales, of whether falsely claiming U.S. citizenship in order to gain admission to a private university’s part-time program is a bar to admissibility under INA §212(a)(6)(C)(ii). (Ismail v. Gonzales, 8/16/07)
BIA Discusses Element of “Approvable When Filed” Standard
The BIA held that to establish eligibility for 245(i) based on a marriage-based visa petition, one must prove that the marriage was bona fide at its inception in order to show that the visa petition was “meritorious in fact”. Matter of Jara Riero and Jara Espinol, 24 I&N Dec. 267 (BIA 2007)
CA9 Finds Cambodian Prison Guard Not Subject to Persecutor Bar to Asylum
The court found that a Cambodian prison guard, who unlocked doors to prisoners’ cells based on instructions from superiors and led them back to their cells after interrogations, was not subject to the persecutor bar to asylum and withholding. (Im v. Gonzales, 8/13/07)
CA9 Finds IJ Erred in Denying Asylum as a Matter of Discretion
The court found that Petitioner’s use of false documents in fleeing Iraq was not a proper reason for a discretionary denial of asylum. The court also found that Petitioner presented clear reasons for not applying for asylum in 3 other countries. (Gulla v. Gonzales, 8/13/07)
CA2 Asks BIA for Position on Forced IUD Insertion
The court remanded for the BIA to articulate its position concerning whether, and under what conditions, forced insertion of an IUD constitutes persecution. (Zheng v. Gonzales, 8/10/07)
DHS Announces Series of Reforms on Border Security and Immigration
On 08/10/07, Department of Homeland Security Secretary Michael Chertoff and Commerce Secretary Carlos Gutierrez announced a series of reforms the Administration will pursue to address border security and immigration challenges.
CA9 Finds IIRAIRA’s Repeal of Suspension of Deportation Impermissibly Retroactive
CA9 used an objective reliance test to hold that one who had been convicted of a potentially deportable offense would reasonably have relied on suspension when she applied for naturalization. Thus its repeal was impermissibly retroactive as to her. (Hernandez De Anderson v. Gonzales, 8/9/07)
CA9 Finds IJ Should Consider Asylum Claim from Small Child’s Perspective
The court found that the IJ erred in not looking at the events from the perspective of Petitioners who were children at the time of the past harm. (Hernandez-Ortiz v. Gonzales, 8/8/07)
CA11 Upholds Matter of S-L-L-; Rejects Unmarried Father’s Asylum Claim
The court concluded that the BIA’s decision in Matter of S-L-L-, to deny derivative protection to unmarried fathers of aborted children, is not unreasonable. (Yang v. Gonzales, 8/8/07)
EOIR Fact Sheet on Unaccompanied Children in Proceedings
An 8/8/07 EOIR Fact Sheet on unaccompanied children in removal proceedings addresses training and guidelines for immigration judges, juvenile dockets, legal representation and the EOIR Legal Orientation Program.
CA8 Rejects Asylum Claim of Blind Albino from Indonesia
The court found that substantial evidence supported the BIA’s finding that the harassment and economic deprivation suffered by Petitioner in Indonesia did not amount to past persecution. (Makatengkeng v. Gonzales, 8/3/07)