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
CA4 Finds General Challenge to Denial of Adjustment is Not Reviewable
Although it acknowledged that it would have jurisdiction to review a legal or constitutional challenge to the denial of an adjustment application, the court found that Petitioner’s petition failed to present such a challenge. (Higuit v. Gonzales, 1/3/06)
CA3 Notes that BIA Decision Ordering Remand Is Not Final
In a footnote, the court said that the BIA’s first order affirming removability but remanding to allow Petitioner to pursue relief was not final for purposes of judicial review until remand proceedings were completed and the BIA ruled on the second appeal. (Singh v. Gonzales, 1/3/06)
CA9 Finds Likelihood that USC Daughter Would Be Subjected to FGM Requires Remand of Parents’ Claim
The en banc court found that the probability a US citizen child would be subjected to female genital mutilation (FGM) greatly exceeded the threshold required for asylum eligibility, but remanded re whether her parents could derivatively qualify for asylum. (Abebe v. Gonzales, 12/30/05)
CA9 Concludes Record of Conviction for “Grand Theft” Under California Law is Aggravated Felony
Though the CA law under which Petitioner was convicted for “Grand Theft” proscribed conduct broader than for “theft” for an INA aggravated felony, the record showed a guilty plea to all of the elements of the generic aggravated felony “theft” offense. (Martinez-Perez v. Ashcroft, 12/29/04)
CA3 Upholds Asylum Denial Based on Lack of Corroboration
The court found that the IJ clearly identified facts for which it was reasonable to expect corroboration and noted that under the REAL ID Act it could not reverse the IJ’s determination unless it concluded that corroborating evidence was unavailable. (Chen v. Gonzales, 12/29/05)
CA7 Finds Error in Allowing Government’s Document Expert to Testify in Albanian Asylum Case
The court, in finding that the government’s document expert should not have been permitted to testify, held that “junk science” has no place in administrative proceedings.(Pasha v. Gonzales, 12/29/05)
CA2 Uses Airport Interview to Uphold Negative Credibility Finding
The court noted that it exercises caution when reviewing airport statements, but found no indication that Petitioner’s statement was coerced, truncated, or mistranslated. (Guan v. Gonzales, 12/23/05)
CA1 Finds No Jurisdiction to Review One-Year Asylum Deadline
The court held that it lacked jurisdiction to decide whether Petitioner timely filed for asylum because the INA bars judicial review and the REAL ID Act only restored jurisdiction for constitutional claims and questions of law. (Mehilli v. Gonzales, 12/22/05)
Permanent Injunction to Require Issuance of Documentation
A California District Court entered a permanent injunction requiring the DHS to issue documentation of lawful status within a set time period after a class member appears at their local USCIS office and requests documentation. (Santillan v. Gonzales, 12/22/05)
Senate Passes Unaccompanied Alien Child Protection Act
On 12/22/05, the Senate amended and passed the Unaccompanied Alien Child Protection Act (UACPA) of 2005 (S. 119), sponsored by Sen. Dianne Feinstein (D-CA). A House companion bill (H.R. 1172) has not yet been acted upon.
CA3 Decides When a Vacated Conviction Remains a Conviction
The court concluded that the BIA may reasonably draw a distinction between convictions vacated based on “substantive” or “rehabilitative” grounds, and established a categorical test to guide this determination. (Pinho v. Gonzales, 12/20/05)
CA8 Lacks Jurisdiction Over Asylum Denial Based on One-Year Asylum Deadline
The court said it lacked jurisdiction to review the denial of a hardship waiver application. The court also found that “extraordinary circumstances” did not exist to excuse an asylum application filed late. (Ignatova v. Gonzales, 12/19/05)
House Passes Harsh, Enforcement-Only Bill That Would Criminalize 11 Million Immigrants
On 12/16/05, the House completed consideration of Rep. Sensenbrenner’s (R-WI) enforcement-only bill, the Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005 (H.R. 4437). AILA believes this bill is disappointing and disastrous for both immigrants and U.S. citizens.
Top 10 “Poison Pills” in H.R. 4437
AILA’s list of the top 10 “Poison Pills” in the Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005 (HR 4437), as amended and passed by the House on 12/16/05.
Section-by-Section Summary of HR 4437, as Amended and Passed by the House
AILA’s section-by-section summary of the Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005 (HR 4437), as amended and passed by the House on 12/16/05. This egregious, enforcement-only legislation passed the House by a vote of 239-182.
Update on the Immigration Court in New Orleans
EOIR advises that the Immigration Court in New Orleans is scheduled to reopen.
Congressional Budget Office’s Cost Estimate for H.R. 4437
The Congressional Budget Office has issued a cost estimate for the Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005 (H.R. 4437), as ordered reported by the House Judiciary Committee on 12/8/05.
DHS Corrects Earlier Notice on Chicago Lockbox Filings
DHS corrects and clarifies its 11/19/04 notice regarding certain Chicago Lockbox filings in the Direct Mail Program. (70 FR 73254, 12/09/05)
CA4 Rejects Argument that Review of Denial of Motion to Remand for Non-LPR Cancellation is Barred
CA4 points out that the BIA, in denying the motion to remand, did not actually consider or deny an application for cancellation of removal or the other form of discretionary relief enumerated in §242(a)(2)(B)(i). (Obioha v. Gonzales, 12/8/05)
CA9 Addresses Seven Year Residence Requirement for Cancellation of Removal
Petitioner met the continuous residence "after having been admitted in any status” requirement for purposes of cancellation because his mother’s earlier admission for permanent resident status while Petitioner was an unemancipated minor was imputed him. (Cuevas-Gaspar v. Gonzales, 12/7/05)
CA9 Holds Border "Turn Around" Does Not Interrupt Continuity of Presence
CA9 held that a short departure from the U.S., such as a brief return to the native country for family reasons, does not necessarily interrupt the accrual of physical presence for purposes of cancellation of removal. (Tapia v. Gonzales, 12/6/05).
CA9 Denies Government’s Request for Rehearing En Banc in Asylum Case Involving Disabled Russian Child
CA9 denied the petition for a rehearing en banc. Seven judges dissented, stating that the case had profound implications and that by allowing the harms suffered by a child to be imputed to the parent, the panel had created a reverse derivative asylum claim. (Tchoukhrova v. Gonzales, 12/5/05)
CA9 Rejects Asylum Claim of Chinese Christian Giving Little Weight to Hearsay Evidence (Updated 9/8/06)
The Court found that Petitioner failed to demonstrate past persecution well-founded fear, and that where an applicant’s testimony consists of hearsay evidence, the statements by the out-of-court declarant may be accorded less weight by the trier of fact. (Gu v. Gonzales, 12/1/05)
CA5 Finds IJ Abused Discretion by Failing to Grant Reopening for Lack of Notice
Where hearing notice was sent by regular mail (not certified mail), the IJ erred by presuming effective service and by failing to give adequate evidentiary weight to the affidavits of Petitioner and counsel attesting to nondelivery. (Maknojiya v. Gonzales, 12/1/05)
CA2 on Economic Persecution
The court upheld the IJ’s determination that the economic harm suffered by Petitioner, including dismissal from a university and employment in a factory for over 20 years, did not constitute persecution. (Damko v. Gonzales, 11/30/05)