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
CA7 Finds Petitioner Did Not Show Changed Country Conditions for Chinese Christians
The court upheld the BIA’s determination that the petitioner, who filed an untimely motion to reopen his asylum case because he had converted to Christianity, did not show that the persecution of Chinese Christians has worsened in recent years. (Gao v. Holder, 7/12/13)
CA10 Finds Colorado Conviction of Child Abuse Does Not Fit Federal Definition
The court reversed the decision of the BIA, found the CO conviction was not a “crime of child abuse, child neglect, or child abandonment,” under INA §237(a)(2)(E)(i) and remanded to the IJ to reconsider the application for discretionary cancellation of removal. (Ibarra v. Holder, 7/12/13)
Supreme Court on Modified Categorical Approach
The Court held that sentencing courts may not apply the modified categorical approach to a federal defendant when the crime of which the defendant was previously convicted has a single, indivisible set of elements. (Descamps v. U.S, 6/20/13)
CA7 Remands Asylum Claim on Forced Sterilization for Chinese Woman with USC Children
The court vacated the BIA decision and remanded the case in light of two recent seventh circuit decisions that cast doubt on the claim that Fujian authorities do not count children born outside of China for purposes of the one-child policy. (Zheng v. Holder, 7/11/13)
AILA Amicus Brief on Standard of Review in Citizenship Cases
AILA amicus brief urging CA9 to grant en banc rehearing of Mondaca-Vega v. Holder, and arguing the Supreme Court requires a de novo review of the record in nationality cases and that its previous decision ignored precedent providing that citizenship claims are subject to elevated scrutiny.
U.S. and Mexico Resume Interior Repatriation Initiative
ICE press release announcing that the U.S. and Mexico have resumed the Interior Repatriation Initiative, a joint agreement between the two governments, to return Mexican nationals to the interior of Mexico.
CA1 Denies Asylum to Chinese Christian Petitioner from Indonesia
The court denied the petitioner's applications for asylum and withholding, finding the mistreatment he suffered in Indonesia on account of his Chinese ethnicity and Christian religious beliefs did not rise to the level of persecution. (Ang v. Holder, 7/10/13)
EOIR eRegistry Has 5,000 Registered Users in First Month
EOIR launched eRegistry on 6/10/13, and approximately 5,000 practitioners have completed both steps of the two-step registration process as of 7/10/13. EOIR has received approximately 200 electronically filed forms as of 7/10/13.
USCIS Data on DACA Cases Received Through June 30, 2013
USCIS statistics on DACA cases through 6/30/13, showing a total of 537,662 DACA requests accepted for processing, 524,153 biometric appointments scheduled, 400,562 requests approved, and 5,383 requests denied. 17,506 applications were accepted and 1,591 applications were denied in June 2013.
CA1 Finds Petitioner Failed to Show Exceptions to MTR Time Limit
The court held that the petitioner’s joining the China Democracy Party after being ordered removed cannot be the basis of a motion to reopen because it is a change in personal circumstances, and that China’s targeting of pro-democracy activists has not worsened. (Chen v. Holder, 7/9/13)
CA1 Holds CT Larceny Is an Aggravated Felony
The court upheld the BIA’s conclusions that a Connecticut conviction for taking property from the person of another is categorically a theft offense and thus an aggravated felony, and that the petitioner was validly convicted as an adult for immigration purposes. (Lecky v. Holder, 7/9/13)
CA2 Holds That NY Criminal Sale of Controlled Substance Is an Aggravated Felony
The court held that the petitioner is not eligible for cancellation of removal because his conviction under NY Penal Law §220.39(1) for third-degree criminal sale of a controlled substance is an aggravated felony. (Pascual v. Holder, 7/9/13)
BIA Remands Adjustment Case In Light of Garfias-Rodriguez
In this unpublished decision, the BIA remanded the respondent’s case to the IJ to consider whether he relied on Acosta when he applied for adjustment of status and whether Matter of Briones should apply retroactively to him. Courtesy of Daniel Shanfield.
CA9 Upholds BIA Finding that CSPA Does Not Apply to NACARA
The court denied the application for special rule of cancellation, finding the Petitioner, who applied for NACARA as a derivative before he was 21 years old but was over 21 when his father was granted relief, failed to demonstrate that the CSPA applies to NACARA. (Tista v. Holder, 7/8/13)
BIA Remands Denial of I-130 Filed By Same-Sex Couple, Holds DOMA Is Not an Impediment
The Board held that Section 3 of the Defense of Marriage Act (DOMA) is no longer an impediment to the recognition of lawful same-sex marriages and spouses under the INA if the marriage is valid under the laws of the State where it was celebrated. Matter of Zeleniak, 26 I&N Dec. 158 (BIA 2013)
District Court Orders Vaughn Index in FOIA Case Over Asylum Officer Notes
The court found credible plaintiff's argument that asylum officer interview notes are not deliberative and ordered USCIS to produce a Vaughn index of withheld documents. (Martins v. USCIS, 7/3/13)
CA10 Holds §212(h) Hardship Determination Is Unreviewable Discretionary Decision
The court held that it did not have jurisdiction to review the hardship determination required for a waiver of inadmissibility under INA §212(h)(1)(B) because it is an unreviewable discretionary decision. (Munis v. Holder, 7/2/13)
CA10 Holds Petitioner’s Appeal Was Withdrawn Following Departure from U.S.
The court upheld the BIA’s determination that the petitioner’s voluntary departure appeal was withdrawn under 8 CFR §1003.4 because he departed the U.S., noting that the petitioner’s motives for leaving were irrelevant. (Montano-Vega v. Holder, 7/1/13)
VOICE: July/August 2013
This issue of VOICE offers insight on applying for TPS on behalf of Syrians, advising academic officials in light of USCIS’s strict F-1 enforcement, preparing PERM appeals, and more! Also, complete our crossword puzzle correctly and get $150 off a new AILALink subscription!
Immigration Law Advisor, June-July 2013 (Vol. 7, No. 6)
Immigration Law Advisor, a legal publication from EOIR, with an article on the K nonimmigrant visa, circuit court decisions for May and June 2013, and recent BIA precedent decisions.
DOJ OIL July 2013 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for July 2013 with articles on impermissibly retroactive use of pre-1988 convictions as aggravated felonies and the continuing viability of the Auer deference, as well as litigation highlights and summaries of recent circuit court decisions.
DHS 2012 Yearbook of Immigration Statistics
DHS Office of Immigration Statistics 2012 Yearbook of Immigration statistics, consisting of tables organized by subject matter, including legal permanent residents, refugees and asylees, naturalizations, nonimmigrant admissions, and enforcement actions.
CA9 Holds Petitioner’s Claim Does Not Fall Within Exception to Exhaustion Requirement
The court dismissed the petition for review, holding that the Petitioner failed to exhaust the only issue raised in her petition, an argument that the government denied her due process by placing her in removal proceedings without her husband. (Sola v. Holder, 6/27/13)
BIA Holds Intentional Distribution of Proceeds of Illicit Drug Business Is Not An Aggravated Felony
The Board held the offense of traveling in interstate commerce with the intent to distribute the proceeds of an unlawful drug enterprise is not an aggravated felony under INA §101(a)(43)(B). Matter of Flores-Aguirre, 26 I&N Dec. 155 (BIA 2013)
CIS Ombudsman’s Office 2013 Annual Report
CIS Ombudsman’s Office 2013 Annual Report including an overview of the Ombudsman’s mission and services, a review of programmatic and policy achievements over the past year, and a detailed discussion of pervasive and serious problems, recommendations, and best practices for USCIS.