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 Holds Trafficking in Counterfeit Goods is CIMT
The BIA held that the offense of trafficking in counterfeit goods or services in violation of 18 U.S.C. § 2320 (2000) is a crime involving moral turpitude. Matter of Kochlani, 24 I&N Dec. 128 (BIA 2007)
Immigration Law Advisor, March 2007 (Vol. 1, No. 3)
Immigration Law Advisor with an article on when a public official acquiesces to torture committed by a third party, an article on the “fugitive disentitlement doctrine,” federal court activity and recent BIA decisions for February 2007, a regulatory update, and a legislative update.
CA1 Dismisses Petitioner’s Res Judicata Claim for Lack of Jurisdiction
The court dismissed Petitioner’s res judicata claim as untimely, refusing to create a “grace period” for filing a petition for review under the REAL ID Act. (Fontes v. Gonzales, 3/30/07)
CA2 Rejects Adverse Credibility Based on Non-Record Evidence
The court found that the IJ mischaracterized Petitioners' testimony and improperly relied on non-record evidence from a previous hearing for which there was no transcript. (Gao v. BIA, 3/28/07)
EOIR Proposes Rule on Jurisdiction and Venue in Removal Proceedings
EOIR published a proposed rule that would amend DOJ regulations addressing jurisdiction and venue in removal proceedings. Comments are due 4/27/07. (72 FR 14494, 3/28/07)
AILA Objects to the Enforcement Methods and Tactics Used in Recent Workplace Raids
AILA supports smart and effective enforcement of just laws, but recent raids have been conducted without respect for due process rights. “The recent workplace raids are a prime example of a broken immigration system... underscoring the urgency of the need for comprehensive immigration reform NOW.”
CA8 Remands Ugandan Lesbian Asylum Claim due to Inadequate Findings by IJ
The court found that the IJ erred in concluding that Petitioner had to demonstrate persecution at the hands of government officials, when persecution may be inflicted by persons or an organization that the government was unable or unwilling to control.(Nabulwala v. Gonzales, 3/21/07)
BIA on Mandatory Detention in Light of Transition Period Custody Rules
The BIA held that respondent, who was apprehended at home while on probation, is subject to mandatory detention, provided that he was released from criminal custody after 10/8/98, the expiration date of the Transition Period Custody Rules. Matter of Kotliar, 24 I&N Dec. 124 (BIA 2007)
CA2 Dismisses Appeal under the Fugitive Disentitlement Doctrine
The court found that Petitioner ignored an order that he surrender for deportation and continued to reside unlawfully in the U.S. as a fugitive from justice and dismissed the petition for review finding no equitable factors. (Gao v. Gonzales, 3/20/07)
ICE Liaison Minutes (3/20/07)
The liaison minutes record discussions with ICE regarding such topics as VAWA; Visa Waiver and Adjustability; Detention, Bond and Custody Alternatives; Deferred Action; ICE Detainers; Arriving Aliens, Transfers and Access to Counsel; Detention Standards, among other issues.
CA5 Affirms its Decision Holding Unauthorized Use of a Vehicle is a “Crime of Violence”
CA5 affirmed its prior decision in U.S. v. Galvan-Rodriguez that unauthorized use of a vehicle is a “crime of violence” and denied the petition for review because Petitioner was ineligible for relief under the law in effect at the time of his plea. (Brieva-Perez v. Gonzales, 3/19/07)
CA5 Upholds BIA’s Reasoning in Matter of Brieva-Perez on §212(c) Comparability
The court found no error in the BIA’s determination that Petitioner was ineligible for relief under former INA §212(c) because the ground of removability charged, an aggravated felony, does not have a statutory counterpart ground of inadmissibility under INA §212(a). (Vo v. Gonzales, 3/19/07)
CA5 Upholds §212(c) Statutory Counterpart Holding in Matter of Blake
CA5 held that aggravated sexual assault of a child, an aggravated felony, does not have a comparable ground of inadmissibility under INA §212(a), but remanded the case to the BIA to allow an opportunity to apply for adjustment of status. (Avilez-Granados v. Gonzales, 3/19/07)
BIA on Reinstatement of Prior Orders
The BIA held that an IJ has no authority to reinstate a prior order of deportation or removal and an alien subject to reinstatement of a prior order of deportation or removal has no right to a hearing before an IJ. Matter of W-C-B-, 24 I&N Dec. 118 (BIA 2007)
CA7 Cites “Significant, Unexplained Gaps” in Record to Support Recission of In Absentia Order
The court held that due to significant, unexplained gaps in the government’s record, the IJ’s conclusion that Petitioner failed to inform the asylum office of his change of address was not supported by substantial evidence.(Terezov v. Gonzales, 3/15/07)
CA7 Overturns IJ’s Negative Credibility Finding Based on Minor Discrepancies
The court found that the IJ’s negative credibility determination was not based on analysis of the evidence as a whole, noting that the IJ’s decision turned on unimportant discrepancies between Petitioner’s testimony and earlier accounts of irrelevant subjects. (Adekpe v. Gonzales, 3/14/07)
BIA Finds “Categorical Approach” Not Applicable Where “Commercial Advantage” Is Not Element of Offense
The BIA held that the application of the “categorical approach” to determining whether a criminal offense satisfies a particular ground of removal and whether an offense is committed for “commercial advantage. Matter of Gertsenshteyn, 24 I&N Dec. 111 (BIA 2007)
AILA Liaison/USCIS HQ Meeting Minutes (3/14/07)
Subjects include backlog reduction, AR-11s, AC21, 245(k), Degree Equivalency, VAWA, Perez-Vargas, Religious Worker I-360s, EB-5, the Perez-Gonzalez/I-212 Memo, Ability to Pay, CSPA, the F-1 to H-1B Cap Gap, K-2 I-485s, I-130s, Arriving Aliens in Removal, and I-212s.
CA2 Upholds Denial of Cameroonian Asylum Claim Based on Suspect Document
The court held that the IJ’s adverse credibility determination was supported by Petitioner’s submission of a suspect document and rested on permissible inferences, not bald speculation. (Siewe v. Gonzales, 3/13/07)
District Court Stops ICE Transfer of Detainees
A District Court judge temporarily ordered ICE to cease transferring detainees without prior notice to the court, to place no restrictions on access to counsel, and to work with Social Services to resolve issues involving children of the detainees. (Sandoval v. ICE, 3/9/07)
CA3 Extends St. Cyr to All Individuals Convicted of a Pre-IIRAIRA Aggravated Felony
The court held that the repeal of §212(c) cannot be applied retroactively to preclude persons convicted of a pre-IIRAIRA aggravated felony, whether by plea or by trial, because the repeal attached new consequences to the conviction and sentence. (Atkinson v. Att’y Gen. of the U.S., 3/8/07)
BIA on Termination of Proceedings for Adjudication of Naturalization Application
The BIA held that because BIA and IJs lack jurisdiction to adjudicate naturalization applications, removal proceedings may only be terminated where DHS presents an affirmative communication on prima facie eligibility for naturalization. Matter of Acosta Hidalgo, 24 I&N Dec. 103 (BIA 2007)
Letter Urging Support for the Restoration of Habeas Corpus Rights for Non-Citizen Detainees
Sign-on letter from over 70 NGOs to Senators Harry Reid (D-NV) and Mitch McConnel (R-KY), and Representatives Nancy Pelosi (D-CA) and John Boehner (R-OH), urging their support for legislation to restore the right of habeas corpus to non-citizens detained by the United States.
CA6 Upholds Neg. Credibility Finding; Rejects Use of Minor Inconsistencies
The court concluded that there was sufficient inconsistency in the record to support the IJ’s adverse credibility determination in this Tunisian asylum case, but noted that many alleged inconsistencies were irrelevant or not inconsistent. (Ben Hamida v. Gonzales, 3/7/07)
CA5 Finds No Jurisdiction to Review Visa Revocation Under INA §205
The court held that the decision of the Secretary of Homeland Security to revoke a visa under INA §205 is purely discretionary and may not be reviewed by the court of appeals in accordance with INA §242(a)(2)(B)(ii). (Ghanem v. Upchurch, 3/6/07)