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
CA1 Declines to Exercise Jurisdiction in Asylum Case
Because it was unclear whether the BIA’s remand constituted a final order of removal and the petitioner subsequently filed a timely application for asylum, withholding and CAT relief, the court declined to exercise jurisdiction. (Cano-Saldarriaga v. Holder, 9/4/13)
BIA Upholds Termination, Finding Conviction Not an Aggravated Felony
Unpublished BIA decision dismisses DHS appeal and upholds termination because conviction for selling contraband cigarettes was not an aggravated felony or a CIMT because fraud or deceit were not necessary elements of the offense. Special thanks to IRAC. (Matter of Choudhry, 9/4/13)
ICE Memo on Use of Segregation for ICE Detainees
ICE 9/4/13 memo from John Sandweg, “Review of the Use of Segregation for ICE Detainees,” which establishes policy and procedures for monitoring and reviewing segregation placement decisions and states that administrative segregation due to special vulnerability should only be used as a last resort.
CA3 Remands for BIA to Clarify Matter of Eslamizar
The court granted the petition for review and remanded, asking the BIA to reconsider whether the petitioner was convicted of a crime under INA §237(a)(2)(A)(ii) and to clarify Eslamizar and the agency’s reading of §101(a)(48)(A). (Castillo v. Att’y Gen., 9/3/13)
VOICE: September/October 2013
This issue of VOICE offers tips on pursuing a National Interest Waiver as an alternative to PERM, filing an adjustment for a TPS recipient, and more! Also, complete our crossword puzzle correctly and get 15% off of Immigration Consequences of Criminal Activity! Offer expires 12/31/13.
Immigration Law Advisor, August 2013 (Vol. 7, No. 7)
Immigration Law Advisor, a legal publication from EOIR, with an article on Moncrieffe v. Holder, circuit court decisions for July 2013, recent BIA precedent decisions, and a regulatory update.
CA1 Upholds Denial of Adjustment and Cancellation Due to Marriage Fraud
The court held that the BIA did not err in finding that the petitioner materially misrepresented the circumstances of his marriage, and deemed the petitioner ineligible for adjustment of status and cancellation of removal. (Agyei v. Holder, 8/30/13)
CA1 Holds One-Time Sale of Single Firearm Is an Aggravated Felony
The upheld the BIA’s determination that the petitioner’s one-time sale of a single firearm constitutes “trafficking in firearms” under INA §101(a)(43)(c), and thus is an aggravated felony. (Soto-Hernandez v. Holder, 8/30/13)
BIA Remands Due to Concerns After Finding IJ Proceedings Inadequate
Unpublished BIA decision remanding the case after expressing concern with how the immigration judge conducted the hearing and finding he failed to make clear factual findings about the respondent’s voluntary departure eligibility. Special thanks to IRAC. (Matter of Juarez, 8/30/13)
BIA Reverses IJ Decision and Administratively Closes Proceedings
Unpublished BIA decision where the Board granted a DHS motion to use prosecutorial discretion to administratively close proceedings for a respondent with a LPR mother and U.S. citizen children. Special thanks to IRAC. (Matter of Rondin-Nieves, 8/30/13)
BIA Grants DHS Appeal After IJ Failed to List Factors Used for Determining Admin Closure
Unpublished BIA decision granting interlocutory DHS appeal challenging administrative closure against a detained respondent because the IJ failed to discuss the factors listed in Matter of Avetisyan and his custody status. Special thanks to IRAC. (Matter of Cisneros, 8/30/13)
BIA Remands After IJ Denied Derivative Citizenship Claim Without Sufficient Fact Finding
Unpublished BIA decision remanding the record for issuance of a new decision addressing all evidence relevant to the respondent’s claim of derivative citizenship, including a delayed birth certificate listing a U.S. citizen as the father. Special thanks to IRAC. (Matter of Gomez, 8/30/13)
CA9 Remands Asylum Claim for Prison Guard in India
The court granted the petition for review and remanded, concluding that the BIA misapplied the relevant precedent in determining whether the petitioner’s actions rose to the level of “personal involvement” when triggering the persecutor bar. (Kumar v. Holder, 8/29/13)
LAC Resources on Video Hearings in Immigration Court
The American Immigration Council provides resources on video hearings in immigration court obtained through a FOIA request. Records provided include an index of the documents, as well as a historical overview of EOIR’s use of video hearings and advocates’ complaints/critiques and EOIR’s responses.
AIC Practice Advisory: Advance Parole for Deferred Action for Childhood Arrivals (DACA) Recipients
The American Immigration Council's Legal Action Center (LAC) and the Catholic Legal Immigration Network practice advisory titled “Advance Parole for Deferred Action for Childhood Arrivals Recipients”, on advance parole eligibility and the impact of travel on future immigration benefits.
CA1 Retroactively Applies Stop-Time Rule to Pre-IIRIRA Order to Show Cause
The court found that because the petitioner arrived in the U.S. in 1986 and his removal proceedings began in 1987, IIRIRA’s 1996 stop-time rule applied retroactively, and he had not accrued the necessary years of physical presence. (Aguirre v. Holder, 8/28/13)
CA9 Holds Petitioner Has Constitutional Right to Testify in Support of Asylum Application
The court granted the petition for review, finding that the IJ prejudiced the petitioner by denying his constitutional right to testify in support of his asylum application and making an adverse credibility finding based principally on the cross-examination. (Oshodi v. Holder, 8/27/13)
BIA Remands After IJ Fails to Advise Respondent of Right to Counsel
Unpublished BIA decision remanding case after finding IJ failed to comply with 8 C.F.R. 1240.11(c)(1)(iii) by not advising respondent of his right to counsel specifically in asylum-related relief nor provide him with a legal services list. Special thanks to IRAC. (Matter of K-O, 8/27/13)
BIA Grants Joint Motion to Reinstate Voluntary Departure
Unpublished BIA decision where the Board, on remand from the Seventh Circuit’s decision in Akram v. Holder, granted a joint motion to reinstate voluntary departure and terminate proceedings. Special thanks to IRAC. (Matter of Akram, 8/27/13)
BIA Reopens Proceedings Over DHS Objection and Remands for Further Review
Unpublished BIA decision where the Board reopened proceedings sua sponte over DHS objection and remanded the record to the Immigration Court for further proceedings regarding the respondent’s removability and the status of his conviction. Special thanks to IRAC. (Matter of Lall, 8/27/13)
BIA Grants Interlocutory Appeal After DHS Supports Motion to Change Venue
Unpublished BIA decision where the Board granted an interlocutory appeal of a denial of the respondent’s motion to change venue after DHS filed a brief in support of the motion. Special thanks to IRAC. (Matter of Del Cid-Melara, 8/26/13)
BIA Remands After Pro Bono Organization Letter Was Undeliverable
Unpublished BIA decision remanding case after finding that the IJ should have granted a further continuance for respondent to obtain counsel after noting that a letter sent to a pro bono organization was returned as undeliverable. Special thanks to IRAC. (Matter of Perez-Baez, 8/26/13)
CA3 Says DHS Must Show Conviction Involved Federally Controlled Substance
The court granted the petition for review and remanded, concluding that in a removal proceeding under INA §237(a)(2)(B)(i), DHS must show that the foreign national’s conviction involved or was related to a federally controlled substance. (Rojas v. Att’y Gen., 8/23/13)
BIA Remands Because IJ Did Not Question Respondent After He Expressed Fear
Unpublished BIA decision remanding the case "in an abundance of caution" because the IJ did not further question him after he expressed a fear of returning to Mexico. Special thanks to IRAC. (Matter of Guzman-Rodriguez, 8/23/13)
BIA Remands For IJ to Issue Full Decision on TPS Application
Unpublished BIA decision remanding decision because IJ did not prepare a separate oral or written decision on the TPS denial and requesting that the IJ review whether the late-filed TPS application should be adjudicated on its merits. Special thanks to IRAC. (Matter of Hernandez, 8/23/13)