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
CA7 Reverses CAT Denial for Mexican Petitioner with Ties to Zetas Cartel
The court found that the IJ and BIA erred in holding that the Mexican petitioner, who had been tortured by Mexican police at the behest of the Zetas drug cartel due to unpaid debt and had been an informant, was not entitled to deferral of removal. (Rodriguez-Molinero v. Lynch, 12/17/15)
BIA Reopens Proceedings Because NTA Identified Different Respondent and A-Number
Unpublished BIA decision finds service of the Notice to Appear was defective, because it contained a different name and A-number from that of the respondent. Special thanks to IRAC. (Matter of Alvarenga-Torres, 12/17/15)
Recent Ninth Circuit Case Law December 2015
Summary of recent case law out of the Ninth Circuit, courtesy of the AILA Southern California Chapter. The information was compiled in December 2015 and should be used as a starting point in research.
CA9 Finds Government Met Its Burden of Proving Petitioner's Alienage
The court affirmed the district court's determination that the petitioner is not a United States citizen, finding that the government satisfied its burden to the rebut petitioner's claim of citizenship by clear and convincing evidence. (Mondaca-Vega v. Lynch, 12/15/15)
CARA Urges Texas Officials To Deny Child Care Licenses to Detention Centers in Dilley and Karnes
On 12/11/15, the CARA Pro Bono Project submitted a letter to the Texas Department of Family and Protective Services urging the agency not to adopt proposed amendments to the Texas Human Resources Code that would facilitate licensing the family detention centers in Texas as child care facilities.
CA8 Upholds Determination That FGM Evidence Did Not Establish Prima Facie Eligibility for Asylum
The court found that the BIA did not abuse its discretion in denying petitioners' motions to remand, finding that evidence regarding female genital mutilation (FGM) was not previously unavailable and was insufficient to establish prima facie eligibility for asylum. (Njie v. Lynch, 12/11/15)
CA1 Remands for BIA to Interpret and Apply Former INA §243(h) as Amended by AEDPA §413(f)
The court remanded to the BIA to interpret and apply former INA §243(h), as amended by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) §413(f), to the petitioner, a non-aggravated felon. (Velerio-Ramirez v. Lynch, 12/11/15)
BIA Finds Conviction for Driving on Suspended License in New Jersey Is Not a CIMT
Unpublished BIA decision holds that operating a motor vehicle during a period of license suspension under N.J. Stat. 2C:40-26(a) is not a crime involving moral turpitude. Special thanks to IRAC. (Matter of A-C-D-, 12/11/15)
CA8 Says Pointing Firearm at Another Person in SC Is a Crime of Violence
The court upheld the district court and USCIS's determination that appellant could not establish good moral character, holding that his conviction for violating South Carolina’s “Pointing firearm at another person” statute was categorically a crime of violence. (Reyes-Soto v. Lynch, 12/10/15)
CRCL Complaint on Challenges Faced by Indigenous Language Speakers in Family Detention
A complaint submitted to the DHS Office of Civil Rights and Civil Liberties and the Office of Inspector General by the CARA Family Detention Pro Bono Project detailing challenges that indigenous language-speaking mothers and children in family detention centers face in procuring access to justice.
CARA: Family Detention System Fails Indigenous Language-Speaking Families
The CARA Family Detention Pro Bono Project filed a formal complaint today with the DHS Office for Civil Rights and Civil Liberties and the Office of Inspector General detailing the serious obstacles indigenous language speakers are facing in procuring access to justice in family detention centers.
BIA Says Probationary Confinement in Substance Abuse Facility Constitutes "Term of Confinement"
The BIA held that a term of confinement in a substance abuse treatment facility imposed as a condition of probation is a "term of confinement" under INA §101(a)(48)(B) for purposes of determining if an offense is a crime of violence. Matter of Calvillo Garcia, 26 I&N Dec. 697 (BIA 2015)
CA1 Says Third-Degree Assault in Connecticut Is Not a Crime of Violence
The court held that third-degree assault under Connecticut law does not require proof of all the required elements of a "crime of violence," and thus found that petitioner's conviction alone did not constitute proof that he had been convicted of an aggravated felony. (Whyte v. Lynch, 12/9/15)
BIA Finds Service of NTA Improper on Minor
Unpublished BIA decision finds the Notice to Appear was improperly served where respondent was under 14 years of age and not residing with grandfather at time of service. Special thanks to IRAC. (Matter of B-N-G-M, 12/9/15)
TRAC Data Shows Removal of Noncitizens on Terrorism Grounds Continues to Be Rare
A TRAC analysis found that the removal of a noncitizen via Immigration Court proceedings on the grounds of terrorism continues to be a rare event, as it has been for many years. For FY2015, the data indicates that only two of the 176,397 removal orders sought by DHS were based on terrorism concerns.
CA8 Upholds Cancellation Denial for Failure to Establish Continuous Presence
The court held that substantial evidence supported the BIA's determination that the petitioner failed to establish the continuous presence requirement, and was thus ineligible for cancellation of removal. (Torres-Balderas v. Lynch, 12/8/15)
EOIR Issues New Form EOIR-28
AILA’s EOIR Liaison Committee alerts members that EOIR released a new edition of Form EOIR-28, Notice of Entry of Appearance as Attorney or Representative Before the Immigration Court, effective 12/7/15.
District Court Dismisses Class Action Lawsuit Alleging Unlawful Delays in Asylum Adjudications
The U.S. District Court for the Eastern District of New York held that the “no substantive or procedural right or benefit” language found in INA §208(d)(7) precludes any action to compel compliance with the INA's statutory timeframes for asylum adjudication. (L.M., et al. v. Johnson, 12/7/15)
Official EOIR Atlanta Stakeholder Meeting Q&As (12/5/16)
Q&As from the postponed 12/5/16 EOIR stakeholder event in Atlanta. Topics include SOPO bonds, inconsistent and improper service of documents, Stewart IC complaint, court recordings, telephonic appearances, EOIR updates, NTAs for child respondents, and filing asylum applications.
CA4 Affirms Finding That Petitioner Was Convicted of a Particularly Serious Crime
The court upheld the BIA and IJ's determination that petitioner's conviction for a drug trafficking crime, for which he received a sentence of five years’ imprisonment, was a particularly serious crime rendering him ineligible for withholding of removal. (Hernandez-Nolasco v. Lynch, 12/4/15)
Written Testimony from Juan Osuna on EOIR Oversight
Written testimony from Juan P. Osuna, Director of EOIR, for the 12/3/15 “Oversight of the Executive Office for Immigration Review” before the House Committee on the Judiciary, where he discussed the current state of the courts, IJ hiring, agency organization, leveraging technology, and more.
CA4 Upholds IJ's Finding of Petitioner's Competency
The court affirmed the BIA, rejecting the petitioner's due process argument that the IJ should have continued or administratively closed his removal proceedings to allow him to receive a mental health evaluation. (Diop v. Lynch, 12/2/15)
BIA Rules on Measurement of Continuous Physical Presence Under NACARA
The BIA held that the 10 years of continuous physical presence required for special rule cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act is measured from the most recently incurred ground of removal. Matter of Castro-Lopez, 26 I&N Dec. 693 (BIA 2015)
Resources on Lawsuit That Aims to Prevent Licensing of Texas Family Detention Centers
A Texas judge issued a final judgment effectively preventing Texas from issuing child care licenses to the South Texas Family Residential Center and the Karnes County Residential Center. (Grasroots Leadership, Inc. v. Texas Department of Family and Protective Services, et al., 12/2/16)
CA9 Says BIA Erred in Not Addressing the Family Aspect of Petitioner's Social Group Claim
The court held that, in the face of the Guatemalan petitioner's social group claim and the evidence that gang members killed his father and cousin and threatened his sister, the BIA erred in failing to address the family aspect of his social group claim. (Flores-Rios v. Lynch, 12/1/15)