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.
| Pre Jan 20, 2025 Status | Current Status |
|---|---|
|
|
|
|
|
|
|
|
|
|
Browse the Featured Issue: Representing Clients Before ICE collection
CA3 Overturns Adverse Credibility Finding in Nigerian Asylum Claim
The court found that the inconsistencies cited by the IJ led it to conclude that the IJ failed to take into account persuasive evidence that not only explained the inconsistencies, but also supported Petitioner’s claim of persecution. (Chukwu v. Gonzales, 4/13/07)
CA8 Holds LPR Originally Admitted as Refugee is Subject to Removal
The court joined CA3 and CA9 in holding that a person who enters the U.S. as a refugee, adjusts his status to lawful permanent resident and is thereafter convicted of a removable crime, is subject to removal even though his refugee status was never terminated. (Xiong v. Gonzales, 4/12/07)
BIA Holds IJ Reacquires Jurisdiction in Remanded Proceedings
The BIA held that when a case is remanded to an IJ for completion of the appropriate background checks, the IJ is required to enter a final order granting or denying the requested relief. Matter of M-D-, 24 I&N Dec. 138 (BIA 2007)
CA3 Finds No Jurisdiction Over Challenge to the 1-Year Asylum Deadline Veiled as Due Process Claim
The court rejected Petitioner’s attempt to recast his factual challenge as a due process claim and found no jurisdiction to review the BIA’s refusal to excuse his failure to comply with the one-year asylum deadline. (Jarbough v. Att’y Gen. of the U.S., 4/11/07)
AILA Liaison/EOIR Q&As (4/11/07)
The EOIR provides answers to AILA Liaison agenda item questions from a 4/11/07 meeting (approved by EOIR in early October). Topics include BIA streamlining reforms, stipulated removal orders, EOIR's Free Legal Services Provider List, continuances for SIJS, transcripts, and BIA filing issues.
CA11 Holds Adjustment of Status Under INA §245(i) is Discretionary
The court held that the Attorney General may deny a §245(i) adjustment application as a matter of discretion, even if the applicant is statutorily eligible. (Usmani v. U.S. Att’y Gen., 4/10/07)
CA3 Finds Jurisdiction to Review Asylum Claim by VWP Entrant
The court held that a denial of a Visa Waiver Program entrant’s application for asylum, withholding, and CAT relief constitutes a “final order of removal” within the meaning of INA §242(a)(1), and is therefore subject to circuit court review. (Shehu v. Att’y Gen. of the U.S., 4/9/07)
CA7 Finds BIA Abused Discretion in Denying MTR Ethiopian Asylum Claim
The court held that the BIA gave no reasoned explanation for its finding that Petitioner had not provided evidence of changed conditions in Ethiopia. (Gebreeyesus v. Gonzales, 4/6/07)
CIS Ombudsman’s Office Recommendations Regarding Deferred Action
CIS Ombudsman’s Office 4/6/07 recommendations to USCIS regarding deferred action including increased posting of general information on deferred action on USCIS’s website and maintenance of statistics on the issuance and denial of requests.
Due Process: A Matter of Life and Liberty
Donna Lipinski, AILA Associate Director of Advocacy, Family and Due Process, answers “What does ‘due process’ mean?” and explains why due process is an essential element that must be part of any meaningful comprehensive reform legislation.
BIA Discusses North Korean Human Rights Act of 2004
The BIA held that the North Korean Human Rights Act of 2004 does not apply to North Koreans who have availed themselves of the right to citizenship in South Korea. Matter of K-R-Y- and K-C-S-, 24 I&N Dec. 133 (BIA 2007)
CA7 Vacates Asylum Denial Due to IJ’s Bias in Religious Persecution Case
The court found that the IJ manifested a clear bias against Petitioners and that Petitioners were denied a reasonable hearing when they were labeled religious “zealots” by the IJ who also found that their exercise of religion was “offensive.” (Floroiu v. Gonzales, 4/2/07)
CA8 Finds IJ’s Bias Requires Remand in Albanian Homosexual Asylum Case
The court held that the IJ’s credibility finding was not supported by substantial evidence and noted that the BIA excised certain findings by the IJ, but found that the BIA did not explain how the remaining findings were not tainted by the IJ’s bias. (Shahinaj v. Gonzales, 4/2/07)
CA8 Upholds BIA’s MTR Denial for Failure to Show Lack of Relocation Option
CA8 found that there was no evidence that the North Sulawesi region of Indonesia was unsafe for Christians and that the BIA did not abuse its discretion in denying the motion to reopen.(Poniman v. Gonzales, 4/2/07)
BIA Holds Trafficking in Counterfeit Goods is CIMT
The BIA held that the offense of trafficking in counterfeit goods or services in violation of 18 U.S.C. § 2320 (2000) is a crime involving moral turpitude. Matter of Kochlani, 24 I&N Dec. 128 (BIA 2007)
Immigration Law Advisor, March 2007 (Vol. 1, No. 3)
Immigration Law Advisor with an article on when a public official acquiesces to torture committed by a third party, an article on the “fugitive disentitlement doctrine,” federal court activity and recent BIA decisions for February 2007, a regulatory update, and a legislative update.
CA1 Dismisses Petitioner’s Res Judicata Claim for Lack of Jurisdiction
The court dismissed Petitioner’s res judicata claim as untimely, refusing to create a “grace period” for filing a petition for review under the REAL ID Act. (Fontes v. Gonzales, 3/30/07)
CA2 Rejects Adverse Credibility Based on Non-Record Evidence
The court found that the IJ mischaracterized Petitioners' testimony and improperly relied on non-record evidence from a previous hearing for which there was no transcript. (Gao v. BIA, 3/28/07)
EOIR Proposes Rule on Jurisdiction and Venue in Removal Proceedings
EOIR published a proposed rule that would amend DOJ regulations addressing jurisdiction and venue in removal proceedings. Comments are due 4/27/07. (72 FR 14494, 3/28/07)
AILA Objects to the Enforcement Methods and Tactics Used in Recent Workplace Raids
AILA supports smart and effective enforcement of just laws, but recent raids have been conducted without respect for due process rights. “The recent workplace raids are a prime example of a broken immigration system... underscoring the urgency of the need for comprehensive immigration reform NOW.”
CA8 Remands Ugandan Lesbian Asylum Claim due to Inadequate Findings by IJ
The court found that the IJ erred in concluding that Petitioner had to demonstrate persecution at the hands of government officials, when persecution may be inflicted by persons or an organization that the government was unable or unwilling to control.(Nabulwala v. Gonzales, 3/21/07)
BIA on Mandatory Detention in Light of Transition Period Custody Rules
The BIA held that respondent, who was apprehended at home while on probation, is subject to mandatory detention, provided that he was released from criminal custody after 10/8/98, the expiration date of the Transition Period Custody Rules. Matter of Kotliar, 24 I&N Dec. 124 (BIA 2007)
CA2 Dismisses Appeal under the Fugitive Disentitlement Doctrine
The court found that Petitioner ignored an order that he surrender for deportation and continued to reside unlawfully in the U.S. as a fugitive from justice and dismissed the petition for review finding no equitable factors. (Gao v. Gonzales, 3/20/07)
ICE Liaison Minutes (3/20/07)
The liaison minutes record discussions with ICE regarding such topics as VAWA; Visa Waiver and Adjustability; Detention, Bond and Custody Alternatives; Deferred Action; ICE Detainers; Arriving Aliens, Transfers and Access to Counsel; Detention Standards, among other issues.
CA5 Affirms its Decision Holding Unauthorized Use of a Vehicle is a “Crime of Violence”
CA5 affirmed its prior decision in U.S. v. Galvan-Rodriguez that unauthorized use of a vehicle is a “crime of violence” and denied the petition for review because Petitioner was ineligible for relief under the law in effect at the time of his plea. (Brieva-Perez v. Gonzales, 3/19/07)