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
CA9 Discusses Class Membership Under the Barahona-Gomez Settlement
CA9 concluded that Petitioners were class members under Barahona-Gomez where they were set for a merits hearing between 2/13/97 and 4/1/97, their hearing was continued to after IIRIRA took effect, and relief was denied based on the stop-time rule. (Navarro v. Mukasey, 3/4/08)
CA2 on Definition of “Conviction” in Context of Juvenile Offense
The court rejected Petitioner’s argument had he been prosecuted under federal law, his juvenile conviction would not have counted for immigration purposes and held that his state conviction qualified as a “conviction” under the INA. (Savchuck v. Mukasey, 3/4/08)
CA7 Finds IL Conviction for Unlawful Possession of a Weapon by a Felon is an Aggravated Felony
The court upheld the BIA’s conclusion that Petitioner’s conviction for unlawful possession of a weapon by a felon in violation of 720 ILCS 5/24-1.1(a) is an offense “described in” 18 USC §922(g)(1) and is therefore, an aggravated felony. (Negrete-Rodriguez v. Mukasey, 3/3/08)
CA9 Finds CA Conviction for False ID to a Peace Officer is Not a Crime Involving Moral Turpitude
The court held that because the crime of false identification to a peace officer under Cal. Penal Code §148.9(a) does not require fraudulent intent, it is not categorically a crime involving moral turpitude. (Blanco v. Mukasey, 3/3/08)
AILA Statement Regarding Hearing on “Problems with ICE Interrogation, Detention and Removal Procedures”
AILA statement regarding the House Subcommittee on Immigration’s hearing on “Problems with ICE Interrogation, Detention and Removal Procedures” which took place on 2/13/08. AILA calls on Congress to reform these laws to ensure that due process is respected.
Immigration Law Today-Mar/Apr 2008
The Mar/Apr 2008 issue of Immigration Law Today focuses on worksite enforcement, including strict I-9 compliance, taking cautious steps to avoid ICE raids, and employers' dilemma of choosing between SSA no-match letter and national-origin discrimination.
Immigration Law Advisor, February 2008 (Vol. 2, No. 2)
Immigration Law Advisor, an EOIR legal publication, with an update on the REAL ID Act implementation, federal court activity for January 2008, an update on recent BIA precedent decisions, and a regulatory update.
CA2 Remands for Individualized Showing of Reliance on §212(c) Availability
The court held that a Restrepo claim of reliance, if proven, would make AEDPA’s bar to §212(c) for aggravated felons impermissibly retroactive as applied, even though Petitioner's conviction was on appeal when AEDPA took effect. (Walcott v. Chertoff, 2/28/08)
EOIR Announces Release of Immigration Court Practice Manual
On February 28, 2008, EOIR announced the release of the Immigration Court Practice Manual.
EOIR’s Immigration Court Practice Manual Released
On 2/28/08, EOIR released the Immigration Court Practice Manual, providing uniform procedures, recommendations, and requirements for practice before the immigration courts. The Manual will go into effect 4/1/08, and local operating procedures for immigration courts will no longer be used.
CA9 Finds CA Conviction for Counterfeit of a Registered Mark is a Crime Involving Moral Turpitude
The court held that a conviction for counterfeit of a registered mark in violation of Cal. Penal Code §350(a)(2) is a crime involving moral turpitude. (Tall v. Mukasey, 2/27/08)
CA6 Finds No §245(i) Adjustment for Persons Inadmissible Under INA §212(a)(9)(C)(i)(I)
The court held that §245(i) does not provide for an exception for persons who are inadmissible for reentering without inspection following more than one year of unlawful presence under INA §212(a)(9)(C)(i)(I).(Ramirez-Canales v. Mukasey, 2/27/08)
BIA Finds Imposition of Costs and Surcharges Constitutes a “Conviction”
The BIA held that the imposition of costs and surcharges in the criminal sentencing context constitutes a form of “punishment” or “penalty” for purposes of establishing that an alien has suffered a “conviction”. Matter of Cabrera, 24 I&N Dec. 459 (BIA 2008)
CA10 Dismisses Petition for Review Under the Fugitive Disentitlement Doctrine
The court held that the fugitive disentitlement doctrine applies and dismissed the petition for review where Petitioner failed to report to DHS for a meeting to “discuss his intentions of departing the U.S.” under an order of removal. (Martin v. Mukasey, 2/26/08)
BIA Finds Conspiracy to Distribute Marijuana Qualifies as an Aggravated Felony
The BIA held that a State misdemeanor offense of conspiracy to distribute marijuana qualifies as an aggravated felony where elements correspond to the Federal felony offense of conspiracy to distribute an indeterminate quantity of marijuana. Matter of Lamin Aruna, 24 I&N Dec. 452 (BIA 2008)
CA1 Finds Jurisdiction to Review One-Year Deadline; Denies Asylum
The court found that the asylum application was timely when the deadline fell on a Sunday and the applicant mailed her application the next day. However, it also found that she had not shown past persecution or a well-founded fear. (Jorgji v. Mukasey, 2/24/08)
CA10 Upholds Adverse Credibility Finding Due to Omissions on Asylum Form
The court found that if the torture Petitioner described actually occurred, it would defy common sense for Petitioner, who was assisted by counsel, to omit any mention of it in his application and supplemental letters. (Ismaiel v. Mukasey, 2/22/08)
CA2 Finds BIA Applied Improper Presumption of Receipt to Notice Sent by Regular Mail
The court held that the burden of proof to overcome the “slight presumption” of receipt of NTAs sent by regular mail is significantly lower than the “substantial and probative” burden in the context of certified mail. (Silva-Carvalho Lopes v. Mukasey, 2/21/08)
CA4 Remands for Determination of Whether IUD Insertion is Persecution
CA4 noted that the BIA had not issued a precedent decision addressing the forced insertion and continued usage of an IUD as constituting persecution. The court faulted the BIA for its cursory conclusion, finding that the BIA had given it nothing to review. (Lin v. Mukasey, 2/20/08)
CA2 on Ineffective Assistance of Counsel Through Paralegal
The court held that the BIA’s logic that a lawyer’s bad advice concerning a hearing date can constitute “exceptional circumstances” for purposes of reopening an in absentia order, also applies to the communication of a paralegal. (Aris v. Mukasey, 2/20/08)
CA8 Rejects W/H for Lack of Credibility; Finds Ineligibility to Adjust
The court found it lacked jurisdiction to review the timeliness of Petitioner’s asylum claim,upheld denial of withholding based on lack of credibility, and held that he was ineligible to adjust based on his VWP entry. (Zine v. Mukasey, 2/19/08)
CA9 Finds Possession with Intent to Sell Marijuana is an Aggravated Felony
The court held that a state felony conviction for possession with intent to sell a controlled substance contains a trafficking element and is therefore an aggravated felony within the meaning of INA §101(a)(43)(B). (Rendon v. Mukasey, 2/15/08)
ICE Contract Juvenile Detention Facilities
This list provides contact information as well as statistics for juvenile detention facilities contracted by ICE.
CA9 Remands Frivolousness Finding for BIA to Apply Matter of Y-L- Factors
The court remanded the BIA’s frivolous asylum application finding to allow the BIA to apply the procedural guidelines set forth in Matter of Y-L-, a precedent decision issued 5 months after the frivolousness finding in Petitioner’s case. (Kalilu v. Mukasey, 2/14/08)
CA9 Finds Late Arrival to Court is Not a Failure to Appear for In Absentia Purposes
The court held that Petitioner, who arrived two hours late for his hearing due to his car’s mechanical failure, but arrived while the immigration judge was still in the courtroom, did not fail to appear for his hearing. (Perez v. Mukasey, 2/14/08)