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 Upholds Denial of Waivers and Adjustment of Status Due to Fraud
The court upheld the BIA’s denial of a §212(i) waiver, the denial of an unlawful presence waiver, and the denial of adjustment of status due to overwhelming evidence of fraud. (Urizar-Carrascoza v. Holder, 8/12/13)
CA2 Holds LPR Status Not Required for Derivative Citizenship Under INA §321(a)(5)
The court granted the petition for review and remanded to the BIA, holding that the Petitioner, who “resided permanently” in the U.S. before turning 18, could claim derivative citizenship from his parents under INA §321(a)(5), even though he was not an LPR. (Nwozuzu v. Holder, 8/12/13)
BIA Terminates Proceedings Finding Respondent Was Paroled In
Unpublished BIA decision terminating proceedings where DHS agreed that respondent was paroled in, and thus eligible to adjust status under the Cuban Adjustment Act, even though he initially entered without inspection. Special thanks to IRAC. (Matter of Travieso-Izquierdo, 8/12/13)
BIA Remands Over DHS Opposition Even Though I-130 was Referred for Reconsideration
Unpublished BIA decision where the Board granted a motion to remand over DHS opposition as the approved I-130 has been referred for reconsideration but there is no evidence that the approved visa petition has been reconsidered and revoked. Special thanks to IRAC. (Matter of Dontoh, 8/12/13)
BIA Finds Attorney Inability to Contact Respondent Constitutes Exceptional Circumstances
Unpublished BIA decision where the Board reopened proceedings after finding the respondent's attorney's inability to notify him that he received the hearing notice constituted exceptional circumstances, justifying his failure to appear. Special thanks to IRAC. (Matter of Araiza, 8/12/13)
TRAC Report on Immigration Court Cases Closed Based on Prosecutorial Discretion
Transactional Records Access Clearing House (TRAC) tool allowing for searching on the breakdown of immigration court cases closed based on prosecutorial discretion by immigration court and hearing location. Charts are updated with new data as it is available.
CA1 Denies Asylum to Pakistani Petitioner Fleeing Taliban
The court found that the petitioner was unable to show a connection between his mistreatment and the Pakistani government, did not show he could not reasonably relocate within Pakistan, and denied asylum, withholding and CAT relief. (Khan v. Holder, 8/9/13)
CA7 Conducts Social Group Analysis and Remands Asylum Denial for Albanian Woman
The court granted the petition for review and remanded, finding that the BIA erred in its relocation assessment as well as its social group analysis of young women targeted for prostitution by traffickers in Albania. (Cece v. Holder, 8/9/13)
BIA Upheld Denial Because Respondent Did Not Depart Voluntarily
Unpublished BIA decision upholding the denial of the motion to reopen because the respondent’s failure to depart voluntarily made him ineligible to adjust status for 10 years, even though his criminal case was dismissed. Special thanks to IRAC. (Matter of Orozco Garcia, 8/9/13)
BIA Remands To Give Respondent Opportunity to Find Representation
Unpublished BIA decision remanding the case to give Respondent reasonable opportunity to obtain counsel after IJ ordered him removed at his second master calendar hearing despite his assertion that he was attempting to find representation. Special thanks to IRAC. (Matter of Hervens, 8/9/13)
CA5 Finds Petitioner Could Not Show Prejudice of English-Only Notice of Hearing (NOH)
The court upheld the BIA’s denial of the motion to reopen the in absentia deportation proceedings, finding since the OSC was written in Spanish, the petitioner could not show prejudice the NOH was only in English, as he also claimed he did not receive the NOH at all. (Ojeda v. Holder, 8/8/13)
BIA Reopened Proceedings After Evidence of U.S. Citizen Child is Provided
Unpublished BIA decision where the Board reopened proceedings due to newly submitted evidence that the respondent was the father of a U.S. citizen child born to his wife. Special thanks to IRAC. (Matter of Roa-Carranza, 8/8/13)
BIA Terminates Proceedings After USCIS Approves Form I-129CW
Unpublished BIA decision where the Board reopened and terminated proceedings sua sponte after determining that a Petition for a CNMI-Only Nonimmigrant Transitional Worker (Form I-129CW) filed on the respondent's behalf was approved. Special thanks to IRAC. (Matter of Burdeos, 8/8/13)
BIA on 245(i) and Grandfathering for Derivative Applicants
The Board held that a spouse or child accompanying or following to join a grandfathered principal cannot qualify as a grandfathered derivative for purposes of §245(i) by virtue of a spouse or child relationship that arose after 4/30/01. Matter of Estrada, 26 I&N Dec. 180 (BIA 2013)
BIA Finds Conditions in Syria Have Dramatically Worsened
In an unpublished decision, the Board disagreed with IJ’s determination that respondent did not merit cancellation of removal. Remand was also warranted on the issue of “exceptional and extremely unusual hardship” due to the changing country conditions in Syria. Courtesy of Robert DeKelaita.
USCIS Data on DACA Cases Received Through July 31, 2013
USCIS statistics on DACA cases through 7/31/13, showing a total of 552,918 DACA requests accepted for processing, 540,821 biometric appointments scheduled, 430,236 requests approved, and 7,450 requests denied. 15,999 applications were accepted and 2,117 applications were denied in Ju1y 2013.
California Supreme Court on Immigration Advisals for Criminal Defendants
The court held that a motion to vacate should be granted where a criminal defendant who is not properly advised of the immigration consequences of a plea in a criminal case would have chosen not to plead guilty or nolo contendere if properly advised. (People v. Martinez, 8/8/13)
USCIS Alert on Workload Transfers for Various Forms
USCIS alert that is has begun transferring casework within service centers to balance workload processing capacity, including the transfer of Forms I-129F, I-130 F2A category, I-821D and the accompanying Form I-765, and I-751.
AILA Amicus Brief on Asylum and Unaccompanied Alien Children
AILA amicus brief arguing that INA §208(a)(2)(E) permanently exempts from the one-year filing deadline any noncitizen who qualified as an unaccompanied alien child at any time in the one year period after last arrival without regard to the noncitizen’s age at the time of filing for asylum.
CA8 Remands Asylum Case for Kenyan Petitioners
The court granted the petition for review, finding that the BIA misapplied the “social visibility” criteria when it ruled that Mungiki defectors were not a “particular social group,” and that the Kenyan government is unable or unwilling to control them. (Gathungu v. Holder, 8/6/13)
CA10 Upholds Asylum Denial for Petitioner from El Salvador
In a nonprecedential decision, the court denied the petition, concluding that El Salvadorans returning from the U.S. and perceived to be wealthy do not constitute a particular social group, and acts of criminality do not implicate asylum eligibility. (Delcid-Zelaya v. Holder, 8/6/13)
District Court Requires Bond Hearings for Detainees Incarcerated For More than Six Months
The court granted summary judgment and ordered a permanent injunction requiring bond hearings for all detainees within the Central District of California who have been incarcerated for more than six months or by the 181th day of detention. (Rodriguez v. Holder,, 8/6/13)
CA9 Denies Exception to One-Year Asylum Deadline to Jordanian Applicants
The court held the petitioners’ over fifteen-month delay in seeking asylum after changed or extraordinary circumstances was not reasonable where they alleged the delay was due to ineffective assistance of counsel and inability to file after issuance of the NTA. (Al Ramahi v. Holder, 8/6/13)
BIA Reopens Proceedings Due to Non-Receipt of Second Hearing Notice
Unpublished BIA decision granting a motion to reconsider and reopening proceedings upon finding the respondent did not receive a second hearing notice that advanced the date of his master calendar hearing by more than a year. Special thanks to IRAC. (Matter of Tokbaev, 8/6/13)
BIA Denies Remand Stating that DACA for Son Does Not Provide Basis for Administrative Closure
Unpublished BIA decision denying respondent's request for a remand upon finding the grant of relief under DACA to the respondent's son did not provide a valid basis for administrative closure. Special thanks to IRAC. (Matter of Ascencio-Hernandez, 8/6/13)