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
CA5 Finds AAO, BIA, DHS Relied on Nonexistent Mexican Law in Removal Case
After noting that the AAO, the BIA, and DHS relied on a nonexistent Mexican law that out of wedlock children can only be legitimized by the subsequent marriage of their parents, the court found U.S. citizenship for the petitioner under §§ 301, 309 and remanded. (Saldana v. Holder, 9/11/13)
BIA Remands Due to Claims of Exception Circumstances and Ineffective Assistance of Counsel
Unpublished BIA decision remanding for consideration of whether the filing deadline for the respondent’s untimely motion to reopen should be equitably tolled in light of the intervening decision in Avila-Santoya v. U.S. Att'y Gen. Special thanks to IRAC. (Matter of Reece, 9/11/13)
USCIS Data on DACA Cases Received Through 8/31/13
USCIS statistics on DACA cases through 8/31/13, showing a total of 567,563 DACA requests accepted for processing, 555,958 biometric appointments scheduled, 455,455 requests approved, and 9,578 requests denied. 13,960 applications were accepted and 2,154 applications were denied in August 2013.
TRAC Report on the Nature of Charge in New Filings Seeking Removal Orders
Transactional Records Access Clearing House (TRAC) report demonstrating that only a small proportion of the filings in immigration courts seeking to deport noncitizens have been based on alleged criminal activity. Charts are updated with new data as it is available.
TRAC Report on New Filings Seeking Removal Orders
Transactional Records Access Clearing House (TRAC) report showing the number of new filings seeking removal orders in immigration courts. Charts are updated with new data as it is available.
CRS Report on Judicial Review of Immigration Matters
Congressional Research Service (CRS) report with an overview of judicial review of immigration matters, including visa denials and revocations, removal orders and detention, naturalization delays, expedited removal of inadmissible arriving aliens, expatriation, and legalization denials.
CA10 Denies Motion to Reopen for Guatemalan Asylum Seeker
In a nonprecedential decision, the court denied the petition for review, finding that the petitioner failed to explain how changed country conditions in Guatemala would permit an untimely and number barred motion to reopen. (Lopez v. Holder, 9/10/13)
EOIR Makes Changes to E-Registry Disclaimer
Based on concerns raised by AILA members, EOIR has changed the language of the disclaimer on the E-Registration log-in.
Unpublished BIA Case Granting AOS After Unauthorized Voting
The Board found that Keathley v. Holder is binding precedent in this case and that the holding of that case compels a conclusion that the respondent in this case is not inadmissible under section 212(a)(10)(D) and the grant of AOS was valid. Courtesy of Richard Hanus.
CA5 Remands Case for Anti-Maoist Asylum Seeker from Nepal
The court vacated and remanded, finding the BIA incorrectly required the petitioner to provide direct proof of the nexus between his persecution and his membership in Nepal’s Student Union, and did not consider all the evidence bearing upon the Maoists’ motives. (Sharma v. Holder, 9/9/13)
BIA Reopens Proceedings Due to DHS Mailing NTA to Improper Address
Unpublished BIA decision vacates an order of removal issued in absentia because respondent was not given notice of the hearing because the NTA was sent to prior address listed on an adjustment application filed years earlier. Special thanks to IRAC. (Matter of Vazquez Ferrel, 9/9/13)
BIA Reopens Proceedings After Finding Respondent’s Claim Plausible For Not Receiving Notice
Unpublished BIA decision reopening proceedings, finding that the respondent’s diligence to attend prior hearings makes his claim that he did not receive notice of this hearing, and thus causing him to miss the hearing, plausible. Special thanks to IRAC. (Matter of Boasiako, 9/9/13)
CA9 Finds it Lacks Jurisdiction to Review Somali Asylum Claim
Despite a mixed BIA decision, the court held it lacked jurisdiction to review the BIA’s underlying denial of asylum, the only issue raised in both petitions for review, because the petitioner failed to file a timely petition for review of that decision. (Abdisalan v. Holder, 9/6/13)
CA9 Remands After BIA Improperly Held Petitioner to Incorrect Legal Standard
The court granted petition for review and remanded after finding that the BIA improperly held that the motion to reopen was numerically barred, erred in restricting the evidence the Petitioner could provide, and erred in failing to consider the evidence tendered. (Zhao v. Holder, 9/6/13).
BIA Rescinds Removal Order After Notice Sent to Counsel But No Form EOIR-28 Was on Record
Unpublished BIA decision where the Board rescinded a removal order issued in absentia by finding the respondent was not properly notified of the removal hearing since the notice was mailed to counsel but there was not Form EOIR-28 on record. Special thanks to IRAC. (Matter of Kyalo, 9/6/13)
BIA Remands After Record Is Unclear If Respondent Knowingly Waived Right to Appeal
Unpublished BIA decision remanding the case because the respondent was never asked to plead to his NTA and it is unclear from the record whether the respondent’s waiver of the right to appeal was made knowingly and intelligently. Special thanks to IRAC. (Matter of Lopez-Vasquez, 9/6/13)
BIA Remands After IJ Issued Form Order Adopting DHS Opposition Without Further Analysis
Unpublished BIA decision remanding the record for further consideration of the respondent's motion to reopen because IJ issued a form order stating, “Court adopts the DHS opposition as its own findings of fact and conclusions of law.” Special thanks to IRAC. (Matter of Martinez, 9/5/13)
DHS OIG Report with FY2013 Update on Performance of 287(g) Agreements
DHS OIG report with updated info on ICE efforts to address recommendations in prior reports on the performance of 287(g) agreements from FY2013. Report finds that all 64 recommendations from prior reports have been closed based on corrective action plans and supporting documentation provided by ICE.
CA1 Upholds Denial of MTR for Chinese Christian in Indonesia
The court found it was not an abuse of discretion for the BIA to deny the untimely motion, noting that although the petitioner submitted evidence of changed conditions in Indonesia, the information was available at the time of the hearing. (Lie v. Holder, 9/4/13)
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.