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
BIA Holds Failure to Post Bond Not Same as Failure to Depart
The BIA held that failure to post voluntary departure bond does not make respondent subject to penalties for failure to depart under §240B(d)(1) and granted the motion to reopen proceedings for further consideration of cancellation of removal. Matter of Diaz-Ruacho, 24 I&N Dec. 47 (BIA 2006)
CA2 Overturns IJ’s Finding that Albanian Failed to Show Past Persecution
The court noted that a minor beating or any physical degradation designed to cause pain or other suffering may rise to the level of persecution if it occurred in the context of an arrest or detention on the basis of a protected ground. (Gjolaj v. BCIS, 11/9/06)
CA7 Holds Reinstatement of Removal Trumps §245(i) Adjustment of Status
The court held that INA §241(a)(5), which provides for reinstatement of a prior order of removal for illegal reentrants, plainly bars a previously removed individual who has illegally reentered the U.S. from adjustment of status under INA §245(i). (Lino v. Gonzales, 11/6/06)
CA9 Remands Motion to Reopen Involving Vacated Conviction
The court held that the BIA erred in placing the burden on Petitioner of proving his conviction was vacated due to a substantive or procedural defect and was therefore, no longer valid for immigration purposes. (Nath v. Gonzales, 11/3/06)
CA3 Finds Pattern of Persecution of Eritrean Pentecostals
The court found that the record suggested a pattern or practice of persecution of Pentecostals in Eritrea and that the IJ committed legal error in finding that Petitioner could not prevail on his CAT claim because his claim for asylum was denied. (Ghebrehiwot v. Atty. Gen., 11/3/06)
CA2 on Delivery Presumption for Challenging In Absentia Orders
The court held that for purposes of challenging an in absentia removal order, a presumption of receipt attaches to an NTA that is properly addressed and sent according to normal office procedures. (Silva-Carvalho Lopes v. Gonzales, 11/2/06)
BIA Rules REAL ID Only Applies to Applications Filed Affer Effective Date
The BIA held that REAL ID provisions apply only to relief applications initially filed with an asylum officer or IJ on or after 5/11/05 – not to an asylum application filed with an asylum officer prior to this date but subsequently renewed. In re S-B-, 24 I&N Dec. 42 (BIA 2006)
EOIR Memo on Procedures for Automatic Stay Cases
EOIR memo sets forth procedures for handling automatic stay cases pursuant to a final rule effective 11/1/06. The final rule directs IJs to issue written custody decisions in automatic stay cases within 5 business days. An additional 5-day extension can be requested from the BIA.
CA2 Remands Due to New Documents on Forced Sterilization
The court found that despite earlier rulings, documents presented in a recent case suggest that there may in fact be an official policy of forced sterilization in the Fujian province, which may undermine the reliance of DOS reports. (Lin v. Gonzales, 10/30/06)
ICE Releases Revised Procedures for Automatic Stay of Custody Decisions by IJs
Obtained via FOIA by Hoppock Law Firm, ICE released guidance and procedures for the use of the revised automatic stay provision contained in 8 CFR § 1003.6(c) and § 1003.19(i) pursuant to DOJ's final rule issued on 10/2/06. Special thanks to Matthew Hoppock.
CA9 Holds “Crime of Domestic Violence” Must be Intentional to Establish Removability
The court held that Petitioner was not removable for a “crime of domestic violence” because he was convicted under a statute which proscribes “reckless” as well as intentional conduct and the record does not establish that his conduct was knowing. (Fernandez-Ruiz v. Gonzales, 10/26/06)
AILA Liaison/EOIR Q&As (10/18/06)
The EOIR provides answers to AILA Liaison agenda item questions from an 10/18/06 meeting. Topics include the complaint process for IJ conduct, EOIR policies regarding unaccompanied minor children, corroboration of asylum claims, filing at the BIA and Matter of Liadov, and more.
EOIR Announces 10 New Legal Orientation Programs
EOIR announced that six new Legal Orientation Program (LOP) sites for adults, and four sites for children, will become operational within the next few months to assist detained individuals in immigration court proceedings.
CA2 Remands Issue of Whether Two Children in China Is a Basis for Asylum
The court remanded the question of whether having more children than Chinese law allows, standing alone, may serve as a basis for asylum, noting that the question is not clearly answered by the statutory definition of refugee. (Shao v. BIA, 10/12/06)
CA5 Holds Unlawful Procurement of Naturalization is a Crime Involving Moral Turpitude
The court held that unlawful procurement of naturalization, in violation of 18 USC §1425(a), is a crime involving moral turpitude. The court denied Petitioner’s request for concurrent relief under former INA §212(c) and current INA §240A(a). (Amouzadeh v. Winfrey, 10/5/06)
CA9 Finds No Jurisdiction to Review Discretionary Challenge Recast as Due Process Claim
CA9 held that it had no jurisdiction to review the claim that the IJ and BIA violated due process rights by not weighing the equities before denying his adjustment of status application. It found this to be a challenge to a discretionary decision. (Bazua-Cota v. Gonzales, 10/3/06)
Supreme Court Hears Arguments in Drug Possession Cases
The Court heard arguments in two consolidated cases, and is poised to decide whether drug possession convictions that qualify as state felonies, but would not qualify as felonies under federal law, constitute aggravated felonies as defined in INA § 101(a)(43)(B) ("drug trafficking crimes").
Supreme Court Remands CA9 Asylum Case Based on Harm to Disabled Child
The Court granted the cert petition, vacated the Ninth Circuit’s decision permitting an asylum-seeker to base her claim on the harm suffered by her disabled child, and remanded the case for further consideration in light of Gonzales v. Thomas. (Gonzales v. Tchoukhrova, 10/2/06)
CA9 Refuses to Equitably Toll Filing Deadline for Motion to Reconsider
The court refused to equitably toll the filing deadline for Petitioner’s untimely motion to reconsider, finding that Petitioner was given notice of the significant legal issue in his case and was represented by counsel. (Mendez-Alcaraz v. Gonzales, 10/2/06)
EOIR Final Rule Regarding Custody Determinations
EOIR final rule which clarifies the existing regulatory provision for DHS to invoke a temporary automatic stay of an immigration judge’s decision ordering an alien’s release under applicable circumstances. The final rule is effective November 1, 2006. (71 FR 57873, 10/2/06)
Petition for a Writ of Habeas Corpus under 28 USC §2241
Sample petition for a writ of habeas corpus challenging the unlawful detention of an alien who has been ordered removed from the United States, but has not been physically deported from the United States (October 2006). (Complaint, Amendment, Other Pleading)
CA1 Finds Cambodian Asylum Applicant Failed to Link PTSD to Past Harm
The court upheld the IJ’s determination that Petitioner did not have a well-founded fear of future persecution and that Petitioner failed to show that her PTSD was related to persecution. (Ouk v. Gonzales, 9/29/06)
AILA Acknowledges Tenth Anniversary of IIRIRA
The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) is a vast and controversial law that has done little to reform our immigration system and much to create hardship and suffering for thousands of immigrants and their U.S. families.
CA9 Finds Iranian MEK Supporter Qualifies for Deferral of Removal under CAT
CA9 found sufficient evidence to show that Iranian officials could identify petitioner as a supporter of the MEK and would likely torture him. Finding that CAT provides relief for suffering beyond lawful sanctions, the court held for deferral of removal. (Hosseini v. Gonzales, 9/28/06)
Be on the Lookout for Increased NTA Activity
The May 2006 memo on discretionary factors in adjudication, comments by USCIS leadership, and the July 2006 NTA guidance point to the likelihood of increased NTA issuance in the near term.