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 Finds Antique Firearm Exception is Affirmative Defense in Removal Proceedings
The BIA vacated and remanded, finding that in removal proceedings, the antique firearm exception is an affirmative defense that must be sufficiently raised by an alien charged under INA § 237(a)(2)(C). Matter of Mendez-Orellana, 25 I&N Dec. 254 (BIA 2010)
USCIS Draft Memo for Comment on Guidance on Uniform Denial Language Pertaining to BIA Appeals
USCIS issued a draft memo for comment on guidance to USCIS officers on uniform denial language pertaining to appeals to the BIA, revising AFM Chapter 10.7(b). Comments are due 6/21/10. This document includes comment submission instructions and the draft memorandum.
CA8 Grants Rehearing to Review Continuance Denial Following Kucana Decision
CA8 granted petition for panel rehearing and vacated part of its prior opinion, finding that it now has jurisdiction to consider petitioner’s challenge to denial of his motion for continuance under Kucana v. Holder. (Hernandez v. Holder, 6/4/10)
CA8 Applies Hassan Case Precedent in Denial of FGM Asylum Case
CA8 held that, in light of adverse credibility findings and lack of corroborating evidence to establish identity, petitioner could not satisfy burden of proof to show FGM occurred "on account of her membership" in a protected category. (Fesehaye v. Holder, 6/4/10)
FL Man Who Served in Bosnian Serb Military during the Bosnian Conflict Leaves U.S. Following Denaturalization
A former member of the Bosnian Serb Army has left the U.S. to return to Serbia after a federal judge ordered his denaturalization based on concealment during his application for U.S. citizenship that he served in the military during the Bosnian war.
CA3 Remands Asylum Case on Imputed Political Opinion
The court remanded the asylum case, finding that the BIA’s conclusion that FARC’s threats were not motivated by a political opinion imputed to petitioner was not supported by substantial evidence. (Espinosa-Cortez v. U.S. Att'y Gen., 6/2/10)
AILA Comments on the Online Detainee Locator System
AILA submitted a comment regarding the Online Detainee Locator System (ODLS) and suggested modifications to be made prior to deployment of the new system.
Immigration Law Advisor, May 2010 (Vol. 4, No. 5)
Immigration Law Advisor, a EOIR legal publication, with an article on expert witnesses in immigration proceedings, federal court activity for April 2010, recent BIA precedent decisions, and a regulatory update.
DOJ OIL May 2010 Litigation Bulletin
DOJ Office of Immigration Litigation released its May 2010 Bulletin, which covers topics including a review of AG’s discretionary waiver decisions, review of AG’s discretionary waiver decisions and the Adverse Credibility Project update.
First ICE Charter Lands in Iraq
ICE Detention and Removal Operations, in a charter flight to the Middle East, which made stops in Cape Verde, Lebanon and, for the first time, Iraq, removed 31 men with final orders of removal.
CA1 Affirms BIA Denial of Motion to Reopen to Adjust Status
The court held that the BIA acted within its discretion in denying petitioner’s motion to reopen to adjust status based on his well-documented credibility problems. (Chi v. Holder, 5/26/10)
CA9 Remands Asylum Case on China’s Population Control Policy
CA remanded, holding that petitioner suffered persecution for demonstrating other resistance to China’s coercive population control policy and deferred to AG’s INA interpretation in J-S- on spouses of victims of such policies. (Jiang v. Holder, 5/24/10)
ICE Releases List of Detainee Deaths from October 2003 through May 2010
On the ICE FOIA Reading Room, the agency released a list of detainee deaths from October 2003 through May 2010. During that period, 111 people died in ICE custody, according to the list.
TRAC Report: Immigration Case Backlog Continues to Grow
Transactional Records Access Clearinghouse (TRAC) issued a report finding that the number of cases awaiting resolution before the immigration courts reached 242,776 matters at the end of March 2010. The average length of time cases have been waiting increased to 443 days.
CA11 on Status Investigation Pursuant to I-130 Petition AER
The court found that immigration authorities, with the information provided by respondent’s wife through an Additional Evidence Request (AER) to a I-130 petition, acted with reasonable diligence in investigating respondent’s status. (United States v. Garcia, 5/21/10)
CA1 on Ineffective Assistance of Counsel and Exceptional Circumstances
The court upheld the denial of the motion to rescind the in absentia order where notice of the hearing was sent only to the attorney, and the attorney spoke to Petitioner’s wife, but did not directly inform Petitioner of the hearing date. (Reis v. Holder, 5/21/10)
BIA Holds Matter of Lozada Substantially Satisfied Where Prior Attorney Now Deceased
In an unpublished decision, the BIA granted a motion to reopen an in absentia order of deportation based on Matter of Lozada. BIA found Matter of Lozada substantially satisfied where prior attorney is now deceased. Courtesy of Geoffrey A. Hoffman.
Former CBP Officer Indicted for Taking Bribes From Foreign Restaurant Workers
A former CBP supervisor at Midway Airport has been indicted for allegedly taking about $52,000 in bribes to allow foreign employees of three area restaurants to extend their stays in the United States. (U.S. v. Mann, 5/20/10)
BIA on Burden of Proof under §101(a)(13)(C)(v)
In an unpublished decision, the BIA held that, for an LPR to be regarded as “seeking admission” under §101(a)(13)(C)(v), DHS must prove by clear, unequivocal, and convincing evidence that he has committed an offense identified in §212(a)(2). Courtesy of David Funke.
CA7 Denies Motion for Attorney’s Fees in Asylum Case
CA7 denied motion for attorney’s fees, finding that the “position of the United States” as used in the Equal Access to Justice Act does include the BIA’s decision and that the government’s position was substantially justified as a whole. (Gatimi v. Holder, 05/17/10)
EOIR Establishes Procedure for Filing Immigration Judge Conduct Complaints
The EOIR Office of the Chief Immigration Judge (OCIJ) established a procedure that allows any person to file a complaint about the conduct of an Immigration Judge. The EOIR webpage includes links to documents on filing a complaint and processing procedures.
AILA Liaison/NBC Meeting Minutes (5/12/10)
The 5/12/10 meeting minutes address NBC’s latest updates, K visa RFEs, EAD adjudications, I-290B processing times, I-824 filings, and more.
USCIS TSC Practice Alert : ASC Appointment Notices for Certain EOIR-Related Filings
The TSC Liaison Committee alerts practitioners of what to do when an erroneously issued ASC appointment notice was received from TSC regarding an EOIR-related case.
CA6 Discusses Burden of Proving Petitioners Married Prior to Entry
CA6 reversed the BIA judgment with respect to its ruling that the government met its burden of proving petitioners were married prior to their entry into the U.S. and its finding that petitioner was removable. (Hassan v. Holder, 5/11/10)
CA8 Upholds Denial of Acquittal on Charge of Conspiracy to Commit Marriage Fraud
CA8 affirmed lower court's denial of a motion for acquittal on conspiracy to commit marriage fraud, finding circumstantial evidence sufficient to justify jury's conclusion that defendant knowingly entered into marriage for purposes of evading immigration laws. (U.S. v. Yang, 5/10/10)