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 Remands for Enumeration of Ground Relied Upon for Withholding Claim
The BIA remands for further fact-finding and for the IJ to readdress the withholding claim related to FGM in light of the framework set out by the Attorney General in Matter of A-T-. Matter of A-T-, 25 I&N Dec. 4 (BIA 2009)
CA1 Refuses to Reopen Where Priority Date Was Not Current
The court found no abuse of discretion in denying the motion to reopen where Petitioner’s priority date was not current at the time the motion was filed, and he was unable to establish prima facie eligibility for adjustment of status. (Oliveira v. Holder, 6/4/09)
CA1 Says IIRIRA Amendment to §212(h) Applies Retroactively
The court found it was the intent of Congress to amend §212(h) under IIRIRA to preclude individuals convicted of aggravated felonies who were in exclusion or deportation proceedings as of the date of enactment. (Gutierrez-Castillo v. Holder, 6/4/09)
CA1 Finds No Jurisdiction to Review BIA’s Due Diligence Finding
The court found no jurisdiction to review the BIA’s finding that Petitioner lacked due diligence in seeking reopening based on ineffective assistance of counsel, where no constitutional claim or question of law was raised. (Neves v. Holder, 6/4/09)
Attorney General Vacates Decision in Matter of Compean
Attorney General Eric Holder, vacated the decision in Matter of Compean and directed the BIA and Immigration Judges to apply the decision in Matter of Lozada for claims of ineffective assistance of counsel, pending promulgation of relevant regulations.
DOJ Press Release Regarding AG Holder's Decision to Withdraw Matter of Compean
A 6/3/09 DOJ press release announces Attorney General Eric Holder's decision to vacate Matter of Compean, as well as his intention to initiate a new rulemaking process for regulations to govern claims of ineffective assistance of counsel in removal proceedings.
AILA Praises Decision by Attorney General to Withdraw Matter of Compean
On June 3, 2009, Attorney General, Eric Holder, vacated the decision in Matter of Compean regarding claims of ineffective assistance of counsel. AILA is grateful for this restoration of a basic constitutional process and due process, in the immigration court system.
CA9 Finds Conviction for Abuse of Cohabitant is not Categorically a CIMT
The court holds the California conviction for abuse of a cohabitant is not categorically a crime involving moral turpitude (CIMT). Remands for a determination under the modified categorical approach as to whether the offense is a CIMT. (Morales-Garcia v. Holder, 6/3/09)
Vera Institute on Justice and EOIR Provide Report on the Legal Orientation Program
The Vera Institute of Justice and EOIR provided the Phase III report on the Legal Orientation Program (LOP), including an evaluation, performance, and outcome measurement report and the role of LOP in affecting case processing times.
Immigration Law Advisor, May 2009 (Vol. 3, No. 5)
Immigration Law Advisor with an article on assistance in persecution under duress and Negusie v. Holder, federal court activity for April 2009, an article on recent court decisions on visa eligibility, waivers, and marriage fraud, recent BIA precedent decisions, and a regulatory update.
AILA Amicus Brief Urges IJ Role in Conditions for Release from Custody
AILA amicus brief in Matter of Hilario Antonio Garcia Garcia arguing that an IJ has the power to modify conditions of electronic monitoring, curfew, and other reporting requirements.
BIA Remands Domestic Violence Asylum Case Held in Abeyance for More than Six Years
In an unpublished decision, the BIA remands asylum case back to IJ based on Matter of R-A- after holding case in abeyance for over six years, for submission of new evidence and arguments. Courtesy of Christopher Helt.
EOIR Issues Revised Information Collection on Form EOIR-29
EOIR published a revised information collection on Form EOIR-29, Notice of Appeal to the Board of Immigration Appeals From a Decision of a USCIS Officer. Comments are due 7/28/09. (74 FR 25773, 5/29/09)
CA5 Remands Carachuri-Rosendo Following Supreme Court Ruling
Following the Supreme Court’s reversal, the court granted the petition for review and remanded, finding Petitioner not ineligible for cancellation of removal based on a recidivist state misdemeanor drug possession conviction. (Carachuri-Rosendo v. Holder, 5/29/09)
CA6 Finds Conviction for Fraudulent Use of SSN or Identifying Information is CIMT
CA6 upholds the finding that petitioner ineligible for voluntary departure and concludes petitioner’s conviction in Mississippi state court for fraudulent use of a social security number or identifying information is a crime involving moral turpitude. (Serrato-Soto v. Holder, 5/28/09).
CA1 Finds No Jurisdiction to Review Denial of Sua Sponte Reopening
The court found no jurisdiction to review the BIA’s refusal to reopen proceedings sua sponte and dismissed the petition for review. (Peralta v. Holder, 5/28/09)
CA7 Concludes Conviction for Sexual Abuse of a Minor Constituted Aggravated Felony
The court considers whether petitioner's “sexual abuse of a minor” in violation of Ind. Code § 35-42-4-9(b), is an aggravated felony. Concludes that the conduct required for conviction categorically constitutes sexual abuse of a minor under INA § 101(a)(43). (Gaiskov v. Holder, 5/28/09)
CA9 Addresses Imputation of Five-Year Residence Requirement for Cancellation and Brand X
Court holds that, for purposes of satisfying the 5 years of lawful permanent residence required under INA § 240A(a)(1), parent’s status as LPR is imputed to unemancipated minor child residing with parent. Finds BIA’s reliance on Brand X is misplaced. (Escobar v. Holder, 5/27/09).
ICE and Nursing Mothers–To Bond or Not To Bond
A week ago I was contacted by a reporter in North Carolina who became involved in a story about a undocumented immigrant. The undocumented immigrant has been in the United States for 13 years, was the mother of five U.S. Citizen children, ranging in age from 9 1/2 to 9 months. She was taken into [&#
CA8 Finds No Abuse of Discretion in BIA Refusal to Remand Despite New Material Facts
The court finds it has jurisdiction to review the BIA’s decision for abuse of discretion. BIA refused to grant motion to remand where the request to reopen provided a completely new basis of seeking cancellation of removal (Vargas v. Holder, 5/20/09)
Memo on Adjudicating Forms I-212 for Aliens Inadmissible under INA 212(a)(9)(C) or Subject to Reinstatement under 241(a)(5) in Light of Gonzalez v.
Rescinding an earlier Memo, this 5/19/09 Aytes Memorandum discusses adjudicating Forms I-212 for aliens inadmissible under INA 212(a)(9)(C) or who are subject to reinstatement under 241(a)(5) in light of Duran Gonzalez v. DHS, 508 F.3d 1227(9th Cir. 2007).
CA1 Says Petitioner Was Not Grandfathered for §245(i) Adjustment
The court found that Petitioner was not eligible for adjustment of status where the underlying visa petition to support grandfathering under §245(i) was revoked and was not approvable when filed. (Santana v. Holder, 5/19/09)
CA9 Finds it Lack Jurisdiction to Review Hardship Determination
Court finds the decision as to whether removal would cause the petitioner’s family “exceptional and extremely unusual hardship” is a discretionary determination, which it lacks jurisdiction to review. (Mercado v. Mukasey, 5/19/09)
Supreme Court Finds Failure to Plead Sufficient Facts for Unlawful Discrimination Claim in Challenge to Post 9/11 Detention
The Court held the complaint, which alleged that officials adopted a policy of discrimination in the detention of men of Arab descent following 9/11, failed to plead sufficient facts to state a claim for purposeful and unlawful discrimination. (Ashcroft et al. v. Iqbal et al., 5/18/09)
ICE Statement on Death of Detainee in Harlingen, TX Hospital
The National Community Outreach Program of ICE's Office of Policy released a statement regarding the death of a detainee at a Hospital in Harlingen, Texas. The detainee was battling cancer.