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
CA5 Finds TX Conviction of Injury to a Child by Act is a Crime of Violence
CA5 found that a conviction under Texas Penal Code §22.04(a)(3) is a crime of violence because “in the ordinary case,” when the charge is causing bodily injury to a child by intentional act, the perpetrator uses or risks use of physical force. (Perez-Munoz v. Keisler, 11/6/07)
AILA Liaison/NBC Q & As (11/2/07)
On 11/02/07 NBC answered questions on the following issues: Address change questions, scheduling of employment-based adjustment applications for interviews, Form I-765 infopass scheduling, procedures for individuals in removal proceedings filing I-485 and I-765, K-3 transfers to CSC and VSC.
CA9 Finds AZ Attempted Public Sexual Indecency to a Minor Not an Aggravated Felony
CA9 held that attempted public sexual indecency to a minor under AZ law does not constitute attempt to commit the sexual abuse of a minor under INA §101(a)(43)(A) and (U) under the categorical approach or in this case the modified categorical approach. (Rebilas v. Keisler, 11/2/07)
Update to the Board of Immigration Appeals Practice Manual
On November 1, 2007, The Board of Immigration Appeals updated its Practice Manual by adding a section regarding filing delays as a result of natural and manmade disasters. The new section allows parties to file a motion asking the Board to accept the untimely filing.
Immigration Law Today-Nov/Dec 2007
The Nov/Dec 2007 issue of Immigration Law Today focuses on family-based petitions, including family and citizenship, VAWA petitions, and immigration consequences of separation and divorce.
Immigration Law Advisor, October 2007 (Vol. 1, No. 10)
Immigration Law Advisor, an EOIR legal publication, with an article on emerging trends of asylum claims based on female genital mutilation, federal court activity for September 2007, an article on continuances, update on recent BIA precedent decisions, and a regulatory update.
BIA Finds Respondent with Final Order is Barred from Filing Untimely MTR
The BIA held that an alien who is subject to a final order of removal is barred from filing an untimely motion to reopen removal proceedings to submit a successive asylum application. Matter of C-W-L-, 24 I&N Dec. 346 (BIA 2007)
BIA Dismisses Charges Against "LA 8"
The BIA ends a 20-year saga by dismissing removal proceedings against a group of Palestinian student activists initially arrested in January 1987. (Matter of Hamide, 10/29/07)
CA1 Finds No Past Harm or Well-Founded Fear, but Faults IJ on Credibility
Though expressing concern over the IJ’s muddled credibility finding, the court found that because Petitioner recounted only one instance of physical abuse, the record did not compel a conclusion of past persecution or a well-founded fear. (Ouk v. Keisler, 10/29/07)
CA1 Finds Rhode Island Assault Is a Crime of Violence
The court held that a conviction for assault under Rhode Island Gen. Laws §11-5-3 is a crime of violence within the meaning of 18 USC §16(a) and is therefore, an aggravated felony for purposes of removal under INA §237(a)(2)(A)(iii). (Lopes v. Keisler, 10/26/07)
CA5 Finds Misuse of a Social Security Number a Crime Involving Moral Turpitude
The court held that Petitioner’s conviction of misuse of a social security number obtained by fraud in violation of 42 USC §408(a)(7)(A) is a crime involving moral turpitude, rendering him ineligible for cancellation of removal under INA §240A(b). (Hyder v. Keisler, 10/25/07)
BIA Discusses “Particularly Serious Crimes”
The BIA held that to be considered a particularly serious crime under the INA, an offense need not be an aggravated felony. Matter of N-A-M-, 24 I&N Dec. 336 (BIA 2007)
CA7 Finds IJ Gave Full Opportunity to Seek Asylum; Rejects Equal Pro. Claim
The court held that Petitioner was given the opportunity to apply for asylum. It also held it lacked jurisdiction to review whether NSEERS violated equal protection. (Hussain v. Keisler, 10/24/07)
CA11 Finds Motion to Reconsider a MTR Denial Not Subject to Numerical Bar
The court found that the plain language of §1003.2(b)(2) does not prohibit the filing of a second motion to reconsider if it is for a different BIA decision. It also held that the facts in this case did not merit a remand to the agency. (Calle v. U.S. Att’y Gen., 10/23/07)
CA3 on Presumption of Receipt for Hearing Notices Sent by Regular Mail
The court held that for purposes of rescinding an in absentia order, a strong presumption of receipt of the hearing notice applies when the notice is sent by certified mail and a weaker presumption applies when it is sent by regular mail. (Gonzalez v. Att’y Gen. of the U.S., 10/22/07)
CA5 Holds IJ Has Jurisdiction Over Portability Determinations Under INA §204(j)
The court held that immigration judges have jurisdiction to determine whether an approved employment-based visa qualifies for portability under INA §204(j). (Sung v. Keisler, 10/22/07)
CA6 Upholds Discretionary Denial of Asylum Due to 3 DUI Convictions
The court held that the IJ may consider an asylum applicant’s convictions for an offense like DUI, regardless of whether it is a crime of moral turpitude or a particularly serious crime. (Kouljinski v. Keisler, 10/16/07)
CA1 Rejects “Disfavored Group” Doctrine in Indonesian Asylum Case
The court rejected the “disfavored group” doctrine, noting that the regulations do not require the agency to automatically credit group discrimination to an individual, and that Congress had not delegated authority to the courts to do so. (Kho v. Keisler, 10/16/07)
CA9 Finds Bangladeshi Bihari Eligible for Asylum and Disfavored Group Member
The court held that the cumulative effect of the harms that Petitioner suffered as a Bihari was so severe that no reasonable fact-finder could conclude that it did not rise to the level of persecution. (Ahmed v. Keisler, 10/16/07)
ICE / DRO Memo on Strip Search Policy for DHS Detainees
A 10/15/07 memo from ICE DRO Director, John P. Torres, revising the National Detention Standards regarding detainee strip searches.
GAO Recommends Guidance for ICE Exercise of Discretion
This GAO report recommends that ICE update exercise of discretion guidance to include factors officers should consider when making apprehension and removal decisions and ensure that officers are provided timely information on legal developments affecting discretionary decisions.
BIA Finds No Conflict Between Law and Regulation Relating to Extreme Hardship Waiver
The BIA held that there is no conflict between the INA and the regulation where both provide the same start date in determining a conditional permanent resident’s application for an extreme hardship waiver and only the statute provides an end date. Matter of Singh, 24 I&N Dec. 331 (BIA 2007)
CA1 Rejects Salvadoran Gang-Based Asylum Claim
The court upheld the denial of asylum, finding that the IJ and BIA’s conclusion that the Salvadoran government was willing and able to confront Petitioner’s potential persecutor was supported by substantial evidence. (Ortiz-Araniba v. Keisler, 10/11/07)
CA2 Upholds IJ’s Refusal to Grant Continuance Pending Adjudication of Labor Certification
The court held that the immigration judge did not abuse his discretion in declining to grant multiple continuances in order to permit adjudication of Petitioner’s pending application for labor certification. (Elbahja v. Keisler, 10/10/07)
CA9 Holds CA Theft of a Vehicle is Not Categorically an Aggravated Felony
The court held that a conviction under Cal. Vehicle Code §10851(a) for theft of a vehicle is not categorically an aggravated felony under INA §101(a)(43)(G) because it applies not only to principles and accomplices, but also to accessories after the fact. (United States v. Vidal, 10/10/07)