Featured Issues

Featured Issue: Representing Clients Before ICE

2/3/25 AILA Doc. No. 25010904. Removal & Relief

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

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.

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An unpublished ICE memo from acting ICE Director Caleb Vitello entitled “Interim Guidance: Civil Immigration Enforcement Actions in or near Courthouses” makes reference to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

Filing Administrative Complaints on Behalf of Detained and Formerly Detained Clients

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
  • Unclear but attorneys should proceed with extreme caution in pursuing any relief under this process.
  • No recission has been announced.
  • No recission has been announced.
  • The 2021 Victim Centered Approach Memo and the 2011 Prosecutorial Discretion for Victims and Witness have allegedly been rescinded though no public updated guidance available at the time of this updated. Media reports suggest that the requirements of 1367 protections should still be followed.
  • No recission has been announced.
Browse the Featured Issue: Representing Clients Before ICE collection
11,751 - 11,775 of 13,037 collection items
Cases & Decisions, Federal Court Cases

CA2 Says BIA Erred in Denying MTR, But Remand Would Be Futile

The court noted that the BIA erred in denying a motion to reopen by failing to assess whether country conditions had changed, but found that remand would be futile because the BIA addressed the error in denying the motion to reconsider. (Alam v. Gonzales, 2/17/06)

2/17/06 AILA Doc. No. 06031765. Asylum & Refugees, Removal & Relief
Cases & Decisions, Federal Court Cases

CA1 Finds Rhode Island Statutory Rape Is a Crime of Violence

The court held that third degree sexual assault under Rhode Island General Law §11-37-6 is a crime of violence because the statute clearly contemplates a substantial risk of the use of physical force against a minor. (Aguiar v. Gonzales, 2/16/06)

2/16/06 AILA Doc. No. 06040461. Crimes, Removal & Relief
Cases & Decisions, Federal Court Cases

CA9 Says Repeal of Suspension of Deportation Has Retroactive Effect

The court said that IIRIRA’s repeal of suspension of deportation would have impermissible retroactive effect because it would attach a new disability to Petitioner's 1988 guilty plea. (Lopez-Castellanos v. Gonzales, 2/16/06).

2/16/06 AILA Doc. No. 06030161. Cancellation, Suspension & 212(c), Removal & Relief
Cases & Decisions, Federal Court Cases

CA9 Finds IJ’s Decision Supported by Substantial Evidence and Upholds Asylum Denial

The court affirmed the IJ’s decision that an ethnic Indian from Fiji did not suffer past persecution or have a well-founded fear. It found that the BIA's violation of its summary affirmance regulations by including a footnote was harmless error. (Kumar v. Gonzales, 2/15/06)

2/15/06 AILA Doc. No. 06032017. Asylum & Refugees, Removal & Relief
Cases & Decisions, Federal Court Cases

CA8 Rejects Identity Challenge in Reinstatement Case

The court upheld the fingerprinting procedure used to confirm the Petitioner was previously ordered removed and the regulation permitting ICE officers to make reinstatement determinations. (Ochoa-Carillo v. Gonzales, 2/15/06)

2/15/06 AILA Doc. No. 06030163. Removal & Relief
Cases & Decisions, Federal Court Cases

CA5 Rejects Claim to Suppress Evidence Obtained Through Special Registration

CA5 found no basis to suppress evidence found under NSEERS. Also, a challenge to a denial of a continuance to await a labor certification to pursue adjustment under INA §245(i) requires a showing that the statutory filing deadlines were met. (Ali v. Gonzales, 2/15/06)

Cases & Decisions, Federal Court Cases

CA5 Concludes Assault Was Not a Crime of Violence

Concluding that “offensive or provocative contact” does not necessarily involve the use of physical force required by 18 USC §16, CA5 found an assault conviction was not a crime of violence and granted consideration of his claim under INA §212(c). (Gonzalez-Garcia v. Gonzales, 2/14/06)

2/14/06 AILA Doc. No. 06060672. Cancellation, Suspension & 212(c), Crimes, Removal & Relief
Cases & Decisions, Federal Court Cases

CA2 Upholds Adverse Credibility, Says Remand Would Be Futile

The court found that the IJ misstated evidence and erred in speculating that Petitioner was not a Sikh but still held that there were ample grounds to support adverse credibility and that remand would be futile. (Singh v. BIA, 2/14/06)

2/14/06 AILA Doc. No. 06032422. Asylum & Refugees, Removal & Relief
Cases & Decisions, Federal Court Cases

CA3 on Retroactivity of Suspension of Deportation

Relying on former INA §244(a)(2), which requires ten years continuous physical presence and good moral character following a deportable act, the court found that Petitioner had no reasonable expectation of suspension after he entered his guilty plea. (Hernandez v. Gonzales, 2/14/06)

2/14/06 AILA Doc. No. 06040470. Cancellation, Suspension & 212(c), Removal & Relief
Cases & Decisions, Federal Court Cases

CA2 Says IJ Must Inquire Into Fear of Sterilization as Basis for CAT

The court noted that neither it nor the BIA had determined whether forced sterilization amounts to torture and that it was error for the IJ to conclude that Article III of CAT was inapplicable where the IJ made no individual inquiry. (Ni v. BIA, 2/13/06)

2/13/06 AILA Doc. No. 06031744. Asylum & Refugees, Removal & Relief
Cases & Decisions, Federal Court Cases

CA2 Rejects Untimely Motion to Reopen

The court held that Petitioner did not qualify for an exception for untimely motions because he did not show changed conditions in China and his ineffective assistance of counsel claim was raised 20 months after the BIA’s decision. (Chen v. Gonzales, 2/13/06)

2/13/06 AILA Doc. No. 06032423. Asylum & Refugees, Removal & Relief
Cases & Decisions, Federal Court Cases

CA1 Finds No Suspension Clause Violation in State-Created Danger CAT Case

Because the case presented only legal issues which the court can review under INA §242(a)(2)(D), the court concluded that “there is no possible claim that the REAL ID Act violates the Suspension Clause.” (Enwonwu v. Gonzales, 2/13/06)

2/13/06 AILA Doc. No. 06031563. Asylum & Refugees, Removal & Relief
Cases & Decisions, Federal Court Cases

CA1 Finds Changed Conditions in Kenya

The court found that the IJ reasonably rejected the inference that the new government in Kenya is dominated by Moi supporters, and that the notion that the new democratic government would repress the opposition was not compelling. (Waweru v. Gonzales, 2/13/06)

2/13/06 AILA Doc. No. 06030663. Asylum & Refugees, Removal & Relief
Cases & Decisions, Federal Court Cases

CA2 Upholds Denial of MTR in Ethnic Albanian Asylum Claim

The court held that the DOS report contained only general statements, but the BIA did not err in finding no well-founded fear. The court was troubled, however, by the BIA’s taking of administrative notice of improved conditions in Macedonia. (Adjin v. Gonzales, 2/9/06)

2/9/06 AILA Doc. No. 06030963. Asylum & Refugees, Removal & Relief
Cases & Decisions, Federal Court Cases

CA6 Upholds BIA’s Denial of Motion to Reopen but Finds BIA Erred about a Deadline Exception

The court held that the BIA erred in finding that Petitioner’s divorce was a change in circumstances that was an exception to the filing deadline. The court held that it did not constitute changed conditions in Jordan. (Haddad v. Gonzales, 2/9/06)

2/9/06 AILA Doc. No. 06032421. Asylum & Refugees, Removal & Relief
Cases & Decisions, Federal Court Cases

CA8 Upholds IJ’s Adverse Credibility Determination in Togolese Asylum Case

The court concluded that the IJ’s adverse credibility determination was supported by substantial evidence, including Petitioner’s lack of prominence in the opposition party and his claim that he ran his business while in hiding. (Mamana v. Gonzales, 2/8/06)

2/8/06 AILA Doc. No. 06032018. Asylum & Refugees, Removal & Relief
Cases & Decisions, DOJ/EOIR Cases

BIA Rules on Failure of Trial Court to Advise of Immigration Consequences of Guilty Plea

The BIA held that a conviction, vacated pursuant to Section 2943.031 of the Ohio Revised Code for failure of trial court to advise of possible immigration consequences of a guilty plea, is no longer a valid conviction for immigration purposes. Matter of Adamiak, 23 I&N Dec. 878 (BIA 2006)

2/8/06 AILA Doc. No. 06020972. Crimes, Removal & Relief
Cases & Decisions, Federal Court Cases

CA2 Rejects "Safe Haven" Finding

The court overturned the IJ’s safe haven finding where it was issued three days after the repeal of the regulation that allowed for a discretionary denial on that basis. (Tandia v. Gonzales, 2/7/06)

2/7/06 AILA Doc. No. 06032019. Asylum & Refugees, Removal & Relief
Cases & Decisions, Federal Court Cases

CA3 Weakens Collateral Estoppel Doctrine

Although the court found the doctrine of collateral estoppel generally applies in immigration cases, it does not apply “where a clearly deportable alien continues to commit criminal acts after initial proceedings are terminated.” (Duvall v. Attorney General, 2/7/06)

2/7/06 AILA Doc. No. 06031562. Crimes, Removal & Relief
Cases & Decisions, Federal Court Cases

CA9 Overturns IJ’s Negative Credibility Determination of Asylum Applicant Who Smuggled Falun Gong Material into China

The court held that the IJ did not identify a specific, cogent reason to support his incredibility finding, but instead relied on speculation and conjecture about Petitioner’s position in Chinese society and what someone in her position would do. (Zhou v. Gonzales, 2/7/06)

2/7/06 AILA Doc. No. 06030664. Asylum & Refugees, Removal & Relief
Cases & Decisions, Federal Court Cases

CA2 Says No Jurisdiction to Review Smuggling Waiver

The court held that INA §242(a)(2)(B)(ii) barred review of the denial of a smuggling waiver under INA §212(d)(11) because such denials are committed to the Attorney General’s discretion. (Saloum v. Gonzales, 2/6/06)

2/6/06 AILA Doc. No. 06040462. Removal & Relief, Waivers
Federal Agencies, Agency Memos & Announcements

DOJ FY2007 Budget Request

The Department of Justice (DOJ) news release highlights components of the President’s FY 2007 budget proposal for the DOJ, including $8.8 million earmarked for the Executive Office for Immigration Review.

2/6/06 AILA Doc. No. 06020867. Removal & Relief
Cases & Decisions, Federal Court Cases

CA2 Adopts “Totality of the Circumstances” Test for Firm Resettlement

The court adopted a totality of the circumstances test and concluded that the IJ’s finding of firm resettlement was not supported by substantial evidence. (Sall v. Gonzales, 2/3/06)

2/3/06 AILA Doc. No. 06030964. Asylum & Refugees, Removal & Relief
Cases & Decisions, Federal Court Cases

CA2 Says IJ Erred, But Upholds Negative Credibility Finding

The court held that the IJ erred in finding that Petitioner’s testimony lacked detail, but nonetheless concluded that the IJ’s denial of asylum was supported by substantial evidence. (Qyteza v. Gonzales, 2/2/06)

2/2/06 AILA Doc. No. 06030962. Asylum & Refugees, Removal & Relief
Cases & Decisions, Federal Court Cases

CA6 Finds Jurisdiction to Review Continuance Denial and Remand Denial but Says No Jurisdiction to Review Voluntary Departure Denial

CA6 held that, for purposes of the INA §242(a)(2)(B)(iii) jurisdiction bar, the continuance bar applies when the IJ is performing duties delegated by the Attorney General but not when the IJ carries out duties conferred by the INA.(Abu-Khaliel v. Gonzales, 2/1/06)