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 Finding of No Past Persecution in Indonesian Withholding Claim
The court found that past persecution findings are “easily inferable” and in Petitioner’s case both the IJ and BIA discussed the past incidents and found they failed to justify the relief Petitioner requested. (Pulisir v. Mukasey, 4/29/08)
CA5 Holds Misprision of a Felony Necessarily Involves Fraud or Deceit
CA5 held that, because misprision of a felony under 18 USC §4 necessarily involves fraud or deceit, Petitioner, who did not dispute that the amount of loss resulting from his misprision conviction exceeded $10,000, was convicted of an aggravated felony. (Patel v. Mukasey, 4/29/08)
Stakeholder/USCIS Q & As 4/29/08 (Updated 7/2/08)
USCIS revised the answer to question #12 of the Q & As from the 4/29/08 Stakeholder meeting. The revised answer pertains to administratively closed I-730 applications.
CA9 Finds Aiding and Abetting Assault with a Deadly Weapon is an Aggravated Felony
The court held that a person convicted of aiding and abetting an assault with a deadly weapon under Cal. Penal Code §245(a)(1) has committed a crime of violence, and thus an aggravated felony, as if he had personally committed the offense. (Ortiz-Magana v. Mukasey, 4/28/08)
CA6 Rejects Chinese Withholding and CAT Claims Based on U.S. Born Children
The court noted that children born outside of China are not counted for purposes of China’s population control policies and held that Petitioner failed to demonstrate that the evidence compelled a different conclusion. (Huang v. Mukasey, 4/25/08)
CA1 Upholds Finding of Changed Conditions in Cambodian Asylum Claim
The court found that the adverse credibility determination was not supported by the record, and that Petitioner had suffered past persecution, but agreed with the IJ that country reports indicated that conditions had changed in Cambodia. (Ly v. Mukasey, 4/24/08)
CA7 Addresses Deceit in Asylum Claims; Upholds Adverse Credibility Finding
The court noted re the REAL ID Act that most claims can neither be confirmed nor refuted by documentary evidence, and that liars tend to give fewer details, finding substantial evidence supported the IJ’s determination. (Mitondo v. Mukasey, 4/24/08)
CA9 Finds “Annoying or Molesting a Child” Under CA Law is Not Categorically a CIMT
The court held that a misdemeanor conviction under Cal. Penal Code §647.6(a), for annoying or molesting a child under the age of eighteen is not categorically a crime involving moral turpitude. (Nicanor-Romero v. Mukasey, 4/24/08)
CA9 Rejects CAT Claim of Mentally Disabled Man for Lack of Specific Intent
The court held it lacked jurisdiction to review IJ’s finding that petitioner’s robbery conviction was a particularly serious crime and rejected his CAT claim, holding that he failed to establish that the harm he would suffer in a mental institution in Mexico. (Villegas v. Mukasey, 4/23/08)
OPPM 08-03: Application of the Immigration Court Practice Manual to Pending Cases
In this April 23, 2008, Operating Policies and Procedures Memorandum (OPPM), Chief Immigration Judge David L. Neal addresses the application of the Practice Manual’s filing deadlines to non-detained cases pending on July 1, 2008, the date the Manual becomes effective.
CA2 Finds Criminal Stop-Time Rule Not Impermissibly Retroactive
The court held that the stop-time rule was not impermissibly retroactive as applied to Petitioner, whose proceedings were initiated post-IIRIRA, but the criminal conduct occurred pre-IIRIRA. (Martinez v. INS, 4/23/08)
CA5 Finds Filing a False Tax Return is an Aggravated Felony Under INA §101(a)(43)(M)(i)
CA5 held that INA §101(a)(43)(M) does not limit aggravated felony tax offenses to tax evasion, and that filing a false tax return in violation of 26 USC §7206(1) is an aggravated felony under subsection (M)(i) if it involves a loss exceeding $10,000. (Arguelles-Olivares v. Mukasey, 4/22/08)
CA11 Vacates Earlier Asylum Decision; Removes “Courage” Language
CA11 vacated its Jan. 11, 2008 decision (AILA InfoNet Doc. No. 08022164) and reissued substantially the same decision. The court removed the language: “Courage does not negate fear.” It continued to hold that that Petitioner had a subjective fear. (Santamaria v. U.S. Att’y Gen., 4/22/08).
CA9 Finds Evading a Police Officer Under California Law is Not Categorically an Aggravated Felony (Updated 7/18/08)
The court held that evading an officer in violation of Cal. Vehicle Code, §2800.2(a) is not categorically an aggravated felony “crime of violence.” (Penuliar v. Mukasey, 4/22/08)
EOIR Fact Sheet on Unaccompanied Minors in Proceedings
On 4/22/08 EOIR issued a revised Fact Sheet on unaccompanied minors in immigration proceedings, which touches on legal representation, guidelines and training for immigration judges, and more.
CA7 Relies on Pakistani Minor’s Airport Statement to Deny Asylum
CA7 found material inconsistencies between Petitioner’s airport statement and his testimony at his asylum hearing. It noted that the airport interview had many markers of reliability, including transcript, questions about fear of return, and a translator. (Chatta v. Mukasey, 4/21/08).
DOJ Issues Proposed Rule on DNA Sample Collection
DOJ published a proposed rule that directs agencies that arrest individuals to collect DNA samples, including from detained foreign nationals. Comments are due 30 days. (73 FR 21083, 4/18/08)
CA11 Finds No Jurisdiction to Review Claims by Person Previously Removed for Drug Conviction
CA11 dismissed the petition for review for lack of jurisdiction where Petitioner had been previously removed for a controlled substance crime, despite the fact that he was now ordered removed for his presence in the U.S. without having been admitted. (Acosta v. U.S. Att’y Gen., 4/16/08)
CA9 Holds Felony Cultivation of Marijuana is Categorically an Aggravated Felony
The court held that felony cultivation conviction of marijuana under Cal. Health & Safety Code §11358 categorically falls within the generic definition of “drug trafficking crime” and thus constitutes an aggravated felony under INA §101(a)(43)(B). (United States v. Reveles-Espinoza, 4/15/08)
CA7 Finds Jurisdiction without Final Order; Holds 1-Yr. Bar Not Reviewable
The court found that the absence of a final order of removal was not dispositive and looked to the statutory definition of “order of deportation.” The court, however, declined to review petitioners’ asylum denial based on the one-year deadline. (Jimenez-Viracacha v. Mukasey, 3/3/08)
Testimony on DHS FY2009 Budget Request to House Committee on Appropriations
DHS Secretary Chertoff covered border enforcement, WHTI document standards, enhanced driver’s licenses, ten-fingerprint biometric collection, E-Verify, and detention center bed space, in his 4/10/08 statement before the Subcommittee on Homeland Security of the House Committee on Appropriations.
CA8 Upholds Adverse Credibility Finding in Nigerian Asylum Claim
The court held that the IJ offered an adequate explanation for the adverse credibility assessment, and upheld the IJ’s finding that Petitioner failed to make an effort to obtain the most basic corroborating information, such as proof of his Ogoni ethnicity. (Osonowo v. Mukasey, 4/7/08)
CA7 Rejects Modified Categorical Approach in CIMT Determination
Citing Matter of Babaisakov, CA7 concluded that when classifying convictions under criteria beyond the criminal charge, such as whether the crime involves “moral turpitude,” the agency may consider evidence outside the charging papers and judgment of conviction.(Ali v. Mukasey, 4/4/08)
Letter from CBO on the Cost of Implementing the SAVE Act
A 4/4/08 letter from CBO Director, Peter R. Orszag, to Representative John Conyers Jr. (D-MI), Chairman of the House Committee on the Judiciary, estimating the cost to the Department of Homeland Security and the Social Security Administration if the SAVE Act (H.R. 4088) were implemented.
EOIR Swears in 11 New IJs and New Assistant Chief IJ
On 4/4/08, EOIR announced that MaryBeth Keller will serve as the Assistant Chief Immigration Judge for Conduct and Professionalism, and that 11 new immigration judges were sworn in.