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 Remands Asylum Denial for Bipolar Individual from Ghana
Unpublished BIA decision remanding, finding that individuals from Ghana who suffer from mental illness and are indigent and lack family support constitutes a cognizable particular social group and that the IJ erred in evaluating well-founded fear of persecution. Courtesy of Geoffrey Hoffman.
USCIS Memo on Adjudication of Adjustment Applications for Individuals Admitted to the U.S. Under the VWP
USCIS policy memorandum dated 11/14/13, updating Chapters 10.3 and 23.5 of the AFM and providing guidance on the adjudication of Form I-485 filed by immediate relatives of U.S. citizens who were last admitted under the Visa Waiver Program (VWP).
BIA Finds Single DUI Conviction Does Not Outweigh Positive Equities
Unpublished BIA decision reconsiders sua sponte over DHS opposition and finds adjustment applicant’s positive equities were not outweighed by a single DUI conviction. (Matter of Vasquez, 11/14/13) Special thanks to IRAC.
BIA Remands to Consider Eligibility for Provisional Waiver Despite Criminal Convictions
Unpublished BIA decision vacates denial of voluntary departure and remands to consider whether respondent with theft and DUI convictions is eligible for provisional unlawful presence waiver (Form I-601A). (Matter of Velasco, 11/14/13) Special thanks to IRAC.
AIC Practice Advisory: Motions to Suppress Evidence Unlawfully Obtained by CBP
The American Immigration Council's Legal Action Center (LAC) released a practice advisory with strategic considerations on Motions to Suppress in Removal Proceedings: Fighting Back Against Unlawful Conduct by U.S. Customs and Border Protection.
BIA Finds North Carolina Offense Relates to Controlled Substance
Unpublished BIA decision finds maintaining a vehicle/dwelling/place for marijuana under N.C.G.S. 90-108(a)(7) relates to a controlled substance under INA 237(a)(2)(B)(i). (Matter of Santos, 11/13/13) Special thanks to IRAC.
BIA Finds Ineffective Assistance Due to Failure to Submit Adjustment Application
Unpublished BIA decision finds attorney’s admitted failure to file adjustment application by court-imposed deadline made ineffective assistance plain on face of the record. (Matter of Cisneros, 11/13/13) Special thanks to IRAC.
BIA Requires DHS To Disclose Evidence of Admission
Unpublished BIA decision reverses removal order and holds that DHS must disclose any documents in its possession under INA 240(c)(2) regarding respondent’s asserted admission. (Matter of Monjazar-Fernandez, 11/13/13) Special thanks to IRAC.
AILA/SCOPS Liaison Q&As (11/13/13)
Q&As from the 11/13/13 teleconference with SCOPS include an update on FY2014 H-1B processing and H-1B extensions, late filings post-government shutdown, EB-1(3) denials, boilerplate O-1 RFEs, translations, and OPT unpaid employment.
BIA Grants Asylum to Applicant from Republic of Congo
Unpublished BIA decision sustaining appeal of asylum denial, concluding that the IJ’s adverse credibility finding was clearly erroneous and that the harm the applicant suffered on account of her political opinion constituted past persecution in the Republic of the Congo. Courtesy of Toni Maschler.
BIA Remands After IJ Failed to Determine if Applicant Experienced Past Torture
Unpublished BIA decision remanding denial of application for protection under the Convention Against Torture because the IJ did not render a determination on whether the applicant established that he was tortured by a Salvadoran government official. Special thanks to Edgardo Quintanilla.
BIA Remands to Consider Whether New York Second Degree Forgery is CIMT
Unpublished BIA decision remands for further proceedings on whether second degree forgery under NYPL 170.10 is a categorical CIMT. (Matter of Wong, 11/12/13) Special thanks to IRAC.
CBP Service Motion to Reopen Finding Utah Wrong Appropriation Conviction Not CIMT
CBP service motion to reopen on Form I-192, finding that a conviction of wrongful appropriation, in violation of 76 6 404.5 of the Utah Criminal Code, does not constitute a crime involving moral turpitude (CIMT) and thus has no effect on admissibility. Courtesy of J. Christopher Keen.
BIA Remands Finding That LPR Abandoned Status Due to Ineffective Assistance of Counsel
Unpublished BIA decision remands for further consideration of whether respondent abandoned LPR status where the prior attorney failed to submit evidence of ties to United States (Matter of Ye, 11/8/13) Special thanks to IRAC.
CA8 Denies Asylum to Chinese Christian from Indonesia
The court denied asylum, upholding the findings of the IJ and BIA that the harm Petitioner suffered did not rise to the level of persecution, while also noting State Department reports of decreased violence involving Chinese Christians in Indonesia. (Supangat v. Holder, 11/7/13)
BIA Holds Pending Application for H-1B Extension Does Not Confer "Lawful Status" Under INA 245(k)
Unpublished BIA decision upholds denial of adjustment application and finds the filing of an application to extend nonimmigrant status does not confer “lawful status” under Section 245(k) of the INA. (Matter of Trupcevic, 11/7/13) Special thanks to IRAC.
BIA Finds IJ Failed to Advise Respondent of Eligibility for Cancellation
Unpublished BIA decision remands record because IJ neglected to advise respondent of potential eligibility for non-LPR cancellation under 8 CFR 1240.11(a)(2). (Matter of Leon, 11/7/13) Special thanks to IRAC.
BIA Remands for IJ to Consider Impact of New Medical Diagnosis of Child
Unpublished BIA decision remanding cancellation denial, asking IJ to consider new Attention-Deficit-Hyperactivity Disorder diagnosis of respondent’s son as well as wife’s health and income in assessing hardship to children, who are qualifying relatives. Courtesy of Diana M. Bailey.
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.