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
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)
CA5 Upholds BIA’s Reasoning in Matter of Brieva-Perez on §212(c) Comparability
The court found no error in the BIA’s determination that Petitioner was ineligible for relief under former INA §212(c) because the ground of removability charged, an aggravated felony, does not have a statutory counterpart ground of inadmissibility under INA §212(a). (Vo v. Gonzales, 3/19/07)
CA5 Upholds §212(c) Statutory Counterpart Holding in Matter of Blake
CA5 held that aggravated sexual assault of a child, an aggravated felony, does not have a comparable ground of inadmissibility under INA §212(a), but remanded the case to the BIA to allow an opportunity to apply for adjustment of status. (Avilez-Granados v. Gonzales, 3/19/07)
CA7 Cites “Significant, Unexplained Gaps” in Record to Support Recission of In Absentia Order
The court held that due to significant, unexplained gaps in the government’s record, the IJ’s conclusion that Petitioner failed to inform the asylum office of his change of address was not supported by substantial evidence.(Terezov v. Gonzales, 3/15/07)
BIA Finds “Categorical Approach” Not Applicable Where “Commercial Advantage” Is Not Element of Offense
The BIA held that the application of the “categorical approach” to determining whether a criminal offense satisfies a particular ground of removal and whether an offense is committed for “commercial advantage. Matter of Gertsenshteyn, 24 I&N Dec. 111 (BIA 2007)
AILA Liaison/USCIS HQ Meeting Minutes (3/14/07)
Subjects include backlog reduction, AR-11s, AC21, 245(k), Degree Equivalency, VAWA, Perez-Vargas, Religious Worker I-360s, EB-5, the Perez-Gonzalez/I-212 Memo, Ability to Pay, CSPA, the F-1 to H-1B Cap Gap, K-2 I-485s, I-130s, Arriving Aliens in Removal, and I-212s.
CA7 Overturns IJ’s Negative Credibility Finding Based on Minor Discrepancies
The court found that the IJ’s negative credibility determination was not based on analysis of the evidence as a whole, noting that the IJ’s decision turned on unimportant discrepancies between Petitioner’s testimony and earlier accounts of irrelevant subjects. (Adekpe v. Gonzales, 3/14/07)
CA2 Upholds Denial of Cameroonian Asylum Claim Based on Suspect Document
The court held that the IJ’s adverse credibility determination was supported by Petitioner’s submission of a suspect document and rested on permissible inferences, not bald speculation. (Siewe v. Gonzales, 3/13/07)
District Court Stops ICE Transfer of Detainees
A District Court judge temporarily ordered ICE to cease transferring detainees without prior notice to the court, to place no restrictions on access to counsel, and to work with Social Services to resolve issues involving children of the detainees. (Sandoval v. ICE, 3/9/07)
BIA on Termination of Proceedings for Adjudication of Naturalization Application
The BIA held that because BIA and IJs lack jurisdiction to adjudicate naturalization applications, removal proceedings may only be terminated where DHS presents an affirmative communication on prima facie eligibility for naturalization. Matter of Acosta Hidalgo, 24 I&N Dec. 103 (BIA 2007)
Letter Urging Support for the Restoration of Habeas Corpus Rights for Non-Citizen Detainees
Sign-on letter from over 70 NGOs to Senators Harry Reid (D-NV) and Mitch McConnel (R-KY), and Representatives Nancy Pelosi (D-CA) and John Boehner (R-OH), urging their support for legislation to restore the right of habeas corpus to non-citizens detained by the United States.
CA3 Extends St. Cyr to All Individuals Convicted of a Pre-IIRAIRA Aggravated Felony
The court held that the repeal of §212(c) cannot be applied retroactively to preclude persons convicted of a pre-IIRAIRA aggravated felony, whether by plea or by trial, because the repeal attached new consequences to the conviction and sentence. (Atkinson v. Att’y Gen. of the U.S., 3/8/07)
CA6 Upholds Neg. Credibility Finding; Rejects Use of Minor Inconsistencies
The court concluded that there was sufficient inconsistency in the record to support the IJ’s adverse credibility determination in this Tunisian asylum case, but noted that many alleged inconsistencies were irrelevant or not inconsistent. (Ben Hamida v. Gonzales, 3/7/07)
CA5 Finds No Jurisdiction to Review Visa Revocation Under INA §205
The court held that the decision of the Secretary of Homeland Security to revoke a visa under INA §205 is purely discretionary and may not be reviewed by the court of appeals in accordance with INA §242(a)(2)(B)(ii). (Ghanem v. Upchurch, 3/6/07)
CA10 Refuses to Suppress Evidence of Unlawful Immigration Status
The court held that a federal agent’s failure to provide a lawfully detained suspect a Miranda warning prior to inquiring about his immigration status does not require suppression of that status where fingerprint evidence subsequently confirms such status. (U.S. v. Lara-Garcia, 3/6/07)
DHS OIG Assessment of ICE’s Fugitive Operations Teams
This March 2007 report addresses the effectiveness of United States Immigration and Customs Enforcement’s Fugitive Operations Teams.
CA9 Finds Ukrainian Whistleblower Was Persecuted for his Political Opinion
The court held that the BIA erred in finding that Petitioner’s whistleblowing was not political opinion. The court found his whistleblowing was political because it was directed “toward a government institution.” (Fedunyak v. Gonzales, 3/2/07)
CA9 Holds California Stalking Conviction is Not a “Crime of Violence”
On petition for rehearing, the court held that Petitioner’s conviction for stalking under California Penal Code §646.9 does not qualify as a crime of violence under 18 USC §16(b), and is therefore, not an aggravated felony. (Malta-Espinoza v. Gonzales, 3/2/07)
BIA Holds TPS Can Be Asserted in Removal Proceedings
The BIA held that Temporary Protected Status can be asserted in removal proceedings, even if AAU previously denied application. Matter of Barrientos, 24 I&N Dec. 100 (BIA 2007)
Immigration Law Today-Mar/Apr 2007
The Mar/Apr 2007 issue of Immigration Law Today focuses on asylum, including one man's journey behind Guantanamo, asylees from gang warfare, and children fleeing persecution.
CA7 Finds BIA’s Summary Dismissal Proper Where No Brief Was Filed
The court found that there was no error or abuse of discretion in BIA’s summary dismissal in the case of an applicant who indicated on her NOA that a brief would be filed and then failed to file a brief.(Kokar v. Gonzales, 3/1/07)
CA8 Finds Iraqi Filed Frivolous Asylum Claim; Denies Asylum, W/H, and VAWA
The court found that the IJ’s determination that Petitioner filed a frivolous asylum application was supported by substantial evidence. The court also found that substantial evidence supported the IJ’s negative credibility finding. (Aziz v. Gonzales, 3/1/07)
CA8 Upholds Finding that Indonesian Christians Lack Well-Founded Fear
The court held that the past incidents suffered by Petitioners did not amount to persecution because they were limited to minor damage to their car and home, a robbery, and fleeing from a church unharmed. (Lengkong v. Gonzales, 3/1/07)
Immigration Law Advisor, February 2007 (Vol. 1, No. 2)
Immigration Law Advisor with an article on misdemeanor assault, battery, and harassment as crimes of violence, an article on the high dismissal rate of petitions for review, federal court activity and recent BIA decisions for January 2007, and a regulatory update.
DHS Testimony on Immigration Reform before the Senate Judiciary Committee
On 2/28/07, Department of Homeland Security Secretary Michael Chertoff will testify before the Senate Judiciary Committee regarding comprehensive immigration reform.