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
CA2 Finds No Jurisdiction to Review Discretionary Denial of Voluntary Departure
The court held that it lacked jurisdiction to review the IJ’s discretionary and factual determinations underlying the denial of Petitioner’s application for voluntary departure. (Carcamo v. DOJ, 8/2/07)
CA4 Finds Exclusive District Court Jurisdiction Over Natz Applications Under INA §336(b)
CA4 held that the timely filing for a district court hearing on a naturalization application under INA §336(b) vests the district court with exclusive jurisdiction and deprives USCIS of jurisdiction unless instructed to do so by the court. (Etape v. Chertoff, 8/2/07)
BIA Finds that MTRs Carry Heavy Burden to Show "Changed Circumstances"
The BIA held that respondent did not meet the heavy burden to show that her proffered evidence is material and reflects “changed circumstances arising in the country of nationality” regarding Chinese birth planning policies. Matter of S-Y-G-, 24 I&N Dec. 247 (BIA 2007)
Section-by-Section analysis of the Immigration Enforcement and Border Security Act of 2007
Section-by-section analysis of the Immigration Enforcement and Border Security Act of 2007 (S. 1984) as introduced by Sen. Kyl (R-AZ) on 8/2/07.
Text of the Immigration Enforcement and Border Security Act of 2007
Text of the Immigration Enforcement and Border Security Act of 2007 (S.1984) as introduced by Senator Jon Kyl (R-AZ) on 8/2/07. This bill aims to increase border security and immigration enforcement through a series of border control, interior enforcement and worksite enforcement provisions.
CA2 Finds It Lacks Jurisdiction to Review BIA’s Discretionary Denial of Cancellation of Removal
The court dismissed the petition for review, concluding that it lacked jurisdiction to review the BIA’s discretionary and factual determinations underlying the denial of the petitioner’s application for cancellation of removal under INA §240A(a). (Barco-Sandoval v. Gonzales, 8/1/07)
Immigration Law Advisor, July 2007 (Vol. 1, No. 7)
Immigration Law Advisor with an article on circuit court decisions in Chinese coercive population control cases, federal court activity for June 2007, an article on Colombian asylum cases, update on recent BIA precedent decisions, and a regulatory update.
CA2 Remands for Clarification of Asylum Frivolousness Guidelines
The court vacated the findings of frivolousness and remanded to allow the BIA to interpret and apply the relevant statutes and regulations governing frivolousness under the BIA's standards in Matter of Y-L-. (Yang v. Gonzales, 7/31/07)
CA1 Says Filing of Motion to Reopen Does Not Stay Voluntary Departure
The court held that the timely filing of a motion to reopen does not toll the voluntary departure period, and that the granting of a motion to reopen does not “retroactively nullify” the prior violation of a voluntary departure order. (Chedad v. Gonzales, 7/31/07)
CA7 Finds Economic Harm Did Not Amount to Persecution in One-Child Claim
The court found that the damage to Petitioner’s home was insufficient to show economic persecution. The court noted that Petitioner maintained employment, registered his son without paying a fine, and his two children attended public school. (Zhang v. Gonzales, 7/31/07)
CA7 Finds Detention and Beatings in Cameroon Amount to Persecution/Torture
CA7 held that Petitioner established that she suffered persecution on account of her political opinions, having suffered two severe beatings after voicing her opposition to the government. It held that the beatings constituted torture for CAT relief. (Tchemkou v. Gonzales, 7/31/07)
AILA Comment on EOIR's Notice on Codes of Conduct for Immigration Judges and BIA Members
AILA’s comment prepared by Holly Cooper, Maile Hirota, Linda Kenepaske, and Steve Morley in response to the EOIR Notice on Codes of Conduct for Immigration Judges and BIA members.
CA2 Expands on “Question of Law” Under INA §242(a)(2)(D)
The court held that a question of law under INA §242(a)(2)(D) includes claims that the IJ applied an erroneous legal standard in making a discretionary determination and that the IJ based his decision on a misstatement of record facts. (Khan v. Gonzales, 7/26/07)
Senate Rejects Graham Immigration Enforcement Amendment
On 7/25/07, thanks in part to the swift action of AILA advocates, the Senate rejected a harsh immigration enforcement amendment proposed by Senator Lindsey Graham (R-SC) to the Department of Homeland Security Appropriations Act (S. 1644/H.R. 2638).
BIA Holds Assault and Battery Against Family Member Not Categorically a CIMT
The BIA held that the offense of assault and battery against a family or household member in violation of section 18.2-57.2 of the Virginia Code is not categorically a crime involving moral turpitude. Matter of Sejas, 24 I&N Dec. 236 (BIA 2007)
BIA Holds Assault in 3rd Degree is CIMT
The BIA held that the offense of assault in the third degree in violation of section 120.00(1) of the New York Penal Law, which requires both specific intent and physical injury, is a crime involving moral turpitude. Matter of Solon, 24 I&N Dec. 239 (BIA 2007)
CA5 Finds Abortion Was Forced, Not Voluntary, and Grants Withholding
The court held that Petitioner’s abortion was forced because a reasonable person in her position would objectively view the threats for refusing the abortion to be genuine and that the harm, if carried out, would rise to the level of persecution.(Zhu v. Gonzales, 7/23/07)
CA8 Finds Conviction for Transporting Loaded Hunting Rifle a Removable Firearms Offense
The court held that a Minnesota misdemeanor conviction for transportation of a loaded firearm, a hunting rifle in the possession of a sport hunter, is a removable firearms offense that does not fall under the “sporting, recreational or cultural” exception. (Awad v. Gonzales, 7/20/07)
CA9 Remands for Proper Country of Removal; Refuses to Rule on W/H and CAT
CA9 found that IJ did not follow the proper steps under Jama and erred in designating Ethiopia as the country of removal. It refused to rule on the withholding and CAT claims because each presumes removal to Ethiopia. (Hadera v. Gonzales, 7/18/07)
DOS Strategy to Combat Transnational Gangs
Assistant Secretary for Western Hemisphere Affairs Thomas A. Shannon, Jr. announced the strategy to combat criminal gangs from Central America and Mexico. Included in the five point prevention and enforcement strategy is the repatriation of undocumented gang members.
CA11 Finds Attempted Murder is Persecution in Colombian Asylum Case
The court held that the record in the case compelled the conclusion that Petitioner suffered past persecution. The court found that intentionally being shot at in a moving car by two men on motorcycles qualifies as “extreme” under any definition. (Sanchez Jimenez v. U.S. Att’y Gen., 7/17/07)
CA1 Rejects Colombian Asylum Claim for Lack of Nexus to a Protected Ground
The court upheld the IJ’s finding that whoever was threatening Petitioner targeted her because of greed, not her political opinion or membership in a particular social group. (Lopez de Hinacapie v. Gonzales, 7/17/07)
CA2 Upholds BIA Refusal to Terminate Based on Amended Conviction
The court held that the BIA did not err in refusing to terminate proceedings based on Petitioner’s amended conviction because it was secured solely to avoid immigration consequences and was not based on a procedural or substantive defect. (Saleh v. Gonzales, 7/17/07)
CA2 Says No Per Se Refugee Status for Spouses of Family Planning Victims
The en banc court held that IIRAIRA §601(a), which amended the definition of refugee, is unambiguous and clearly does not extend automatic refugee status to spouses or partners of victims of coercive family planning policies. (Lin v. DOJ, 7/16/07)
CA2 Finds IJ’s Analysis Deficient in Bangladeshi Asylum Claim
The court held that the IJ’s finding that Petitioners failed to show past persecution was deficient in its consideration of claims in the aggregate and included errors in the analysis of several incidents and economic harm. (Manzur v. DHS, 7/16/07)