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
Practice Alert on Long-Pending DACA Cases at the Nebraska Service Center (Updated 12/30/13)
The AILA NSC Liaison Committee alerts members of long-pending DACA cases at the Nebraska Service Center and summarizes common factors in some cases that may explain slow processing times.
CA11 Holds Florida Possession with Intent to Deliver Controlled Substance Is Not Aggravated Felony
The court granted the petition, vacated and remanded, applying the categorical approach and holding that a conviction under Fla. Stat. §893.13(1)(a)(2) for the possession of cannabis with the intent to sell or deliver is not an aggravated felony. (Donawa v. U.S. Att’y Gen., 11/7/13)
CA9 Overturns Asylum Denial for Pakistani Petitioner
The court overturned the termination of Petitioner’s asylum status, finding that DHS failed to give proper notice of its witnesses or exhibits, and since Petitioner refused to testify, the exhibits could not be used as impeachment evidence. (Urooj v. Holder, 11/6/13)
DOJ Requests Comments on Voluntary Form EOIR 31A
DOJ 60-day comment request on the Request by Organization for Accreditation of Non-Attorney Representative (Voluntary Form EOIR-31A). Comments are due 1/6/14. (78 FR 66382, 11/5/13)
BIA Remands Case of Unrepresented Respondent With Limited English Skills
Unpublished BIA decision remands to allow unrepresented respondent who was unfamiliar with English to apply for relief from removal. (Matter of Gomez-Amaya, 11/5/13) Special thanks to IRAC.
CA1 Remands Pentecostal Russian Asylum Claim
The court vacated and remanded, finding that the BIA erred when it found that the persecution the petitioner experienced in Russia was not “on account of” his Pentecostal faith. (Ivanov v. Holder, 11/5/13)
IJ Finds Marijuana Conviction Is Not Categorically an Aggravated Felony
Immigration judge issued an order that applies Moncrieffe and concludes that the respondent is not removable as an aggravated felon for his conviction of possessing marijuana with intent to distribute and remains eligible to be considered for cancellation. Courtesy of Joshua Sleper.
BIA Holds E-2 Spouses Not Required to Obtain EAD
Unpublished BIA decision reverses denial of adjustment application and holds respondent was not required to obtain an employment authorization document as the spouse of an E-2 treaty investor. Special thanks to IRAC. (Matter of Lee, 11/5/13)
CA1 Upholds Adverse Credibility Finding for Guatemalan Petitioner
The court denied the application for CAT relief and upheld the adverse credibility finding due to the Petitioner’s inconsistencies in his submissions and testimony. (Martinez v. Holder, 11/4/13)
CA1 Denies Asylum to Former 18th Street Gang Member from El Salvador
The court denied the petition for review, upholding the BIA’s finding that membership in a violent criminal street gang cannot serve as the basis for protected-group status under the INA. (Cantarero v. Holder, 10/31/13)
BIA Finds Criminal Indictment Is Not Clear and Convincing Evidence of Date of Offense
Unpublished BIA decision finds statement in criminal indictment saying offense occurred “on or about” a particular date does not constitute clear and convincing evidence that the offense actually occurred on that date. Special thanks to IRAC. (Matter of Clase, 10/31/13)
AILA Amicus Brief on When an Order of Removal is Final for Purposes of Judicial Review
AILA amicus brief urging the Ninth Circuit Court of Appeals to grant rehearing in Abdisalan v. Holder to clarify when a final order of removal exists for purposes of filing a petition for review in cases where the BIA denies one immigration benefit and remands for consideration of another.
District Court Awards $20,000 in Attorney’s Fees in FOIA Lawsuit
Settlement agreement reached in district court in a FOIA lawsuit seeking the release of asylum officer notes. The agreement stipulated that DHS pay $20,000 in attorney’s fees. DHS handed over the asylum officer notes prior to settlement. (Hemed v. DHS, 10/30/13)
BIA Finds Respondent Failed to Appear Due to Alleged Clerical Error
Unpublished BIA decision finds alleged clerical error by immigration court regarding date of hearing constitutes exceptional circumstances justifying failure to appear. Special thanks to IRAC. (Matter of Mendez, 10/30/13)
ICE FAQs on Immigration Detainers
Undated ICE FAQs on immigration detainers.
CA4 Holds LPRs With Serious Offenses Are Treated as “Seeking Admission” When Entering from Abroad
The court denied the petition, holding that the Fleuti doctrine did not survive IIRIRA’s enactment, and that LPRs who commit serious offenses are always treated as “arriving” aliens when entering from abroad and subject to removal under §101(a)(13)(C)(v), 212(a)(2). (Othi v. Holder, 10/29/13)
CA10 Upholds Cancellation of Removal Denial
The court denied the petition for review, finding that since the Petitioner had been granted suspension of deportation during prior deportation proceedings, he was ineligible for cancellation of removal under INA §240A. (Velasco v. Holder 10/29/13)
ICE Proposed Rulemaking on Interest Rates on Cash Bond Deposits
ICE notice of proposed rulemaking amending its regulations to explicitly provide that the Treasury Department will set the interest rate for cash bonds deposits. The current interest rate paid on deposits securing case bonds is set at 3 percent per annum. (78 FR 64183, 10/28/13)
AILA Liaison CBP Meeting Minutes with Supplemental Committee Notes (10/28/13)
The AILA CBP Liaison Committee provides approved Q&As and supplemental notes from their meeting with CBP on 10/28/13. Topics include I-94 automation, DOMA, preclearance operations, provisional waivers, nonimmigrant adjudications, credible fear interview, and prioritizing petition adjudication.
CA10 Dismisses Untimely Petition for Review for Lack of Jurisdiction
The court dismissed the untimely petition for review for lack of jurisdiction, finding that the initial removal order was final, notwithstanding a subsequent remand to the IJ regarding voluntary departure. (Batubara v. Holder, 10/28/13)
EOIR Immigration Court Practice Manual Updates
EOIR alert that the Immigration Court Practice Manual has been updated to reflect the new zip code for all EOIR components located in Falls Church, VA, as well as a new address for the Portland Oregon Immigration Court.
CA7 Upholds Denial of Inadmissibility Waiver as a Matter of Discretion
The court upheld the denial of the inadmissibility waiver, finding that Petitioner’s extensive criminal record that extended through his removal proceedings outweighed any additional hardship caused to his USC daughter with special education needs. (Reyes-Cornejo v. Holder, 10/28/13)
BIA Holds Ammunition Possession by Felon is Aggravated Felony
The Board held that unlawful possession of ammunition by a convicted felon under 18 USC §922(g) is an aggravated felony under INA §101(a)(43)(E)(ii). Matter of Oppedisano, 26 I&N Dec. 202 (BIA 2013)
Report Calls for Improvements to DHS Notice to Appear (NTA) Procedure
Center for Immigrants’ Rights report, “To File or Not to File a Notice to Appear: Improving the Government’s Use of Prosecutorial Discretion,” arguing that DHS should consistently consider prosecutorial discretion (PD) and increase its use of favorable PD in the issuance and filing of NTAs.
CA1 Denies Withholding and CAT Relief to Ecuadorian National
The court upheld the denials of the motions to reopen, agreeing with the BIA that the Petitioner failed to establish a statutorily protected ground of persecution and failed to demonstrate ineffective assistance of counsel. (Muyubisnay-Cungachi v. Holder, 10/25/13)