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
CA3 Addresses New INA §242(a)(2)(D)
Pursuant to new INA §242(a)(2)(D), added by §106(a) of the REAL ID Act, the court concluded that it may review the merits of petitions for review filed by individuals with criminal convictions which raise legal or constitutional claims. (Papageorgiou v. Gonzales, 6/24/05)
CA9 Finds Regulation Barring BIA Review of Motions to Reopen After Departure Does Not Apply to Certain Individuals
Based on the plain language of 8 CFR 1003.2(d), the court concluded that it does not apply to an individual who first departs the U.S., then becomes the subject of removal proceedings, returns, and then files a motion to reopen. (Gulzar Singh v. Gonzales, 6/24/05)
CA6 Construes Motion for Stay of Removal as Motion to Stay Voluntary Departure Period
CA6 held that a motion for a stay of removal filed during the pendency of a petition for review will be construed to include a motion to stay voluntary departure provided the motion for a stay of removal is filed prior to the expiration of the VD period. (Macotaj v. Gonzales, 6/24/05)
CA1 Addresses Voluntary Departure Pending Judicial Review
The court found that it lacked the authority to reinstate an expired voluntary departure period, but may grant a motion to stay an unexpired voluntary departure period under the same test for adjudicating a stay of removal. (Bocova v. Gonzales, 6/24/05)
CA8 Upholds BIA’s and IJ’s Findings that Cameroonian’s Asylum Claims Lack Credibility
The Court found that the IJ’s and BIA’s reluctance to accept questionable proof of SDF membership and explanations offered by Petitioner was supported by substantial evidence. (Eta-Ndu v. Gonzales, 6/23/05)
CA2 Rejects Asylum Claim, Finds Improved Conditions in Kosovo
The court found that Petitioner’s fear of retribution for refusing to serve amounted to past persecution, but upheld the IJ’s finding that conditions had improved in Kosovo such that there was no reasonable fear of future persecution. (Islami v. Gonzales, 6/23/05)
ICE Memo: US District Court Transfer of Surrendered Foreign Passports
ICE memorandum discusses procedures for the transfer of surrendered foreign passports from the U.S District Court to ICE field offices.
EOIR Memo on Definitions and Use of Administrative Codes (Rescinded 10/5/17)
This memo was rescinded by OPPM 17-02 on 10/5/17. EOIR OPPM 05-07 updates the list of adjournment, call-up, and case identification codes. The list notes which codes exempt cases from case completion goals and aged case completion goals, and which codes stop the asylum clock.
CA3 Orders New Hearing Due to Abusive Nature of Original IJ
The court found that IJ's findings on credibility and the willingness of the government to protect Trokosi slaves were not supported by substantial evidence, and ordered a new hearing where the IJ engaged in brow beating and insensitive questioning. (Fiadjoe v. Gonzales, 6/14/05)
CA2 Finds Chinese Asylum Applicant’s Testimony “Replete with Inconsistencies”
The court found that the IJ’s negative credibility determination was supported by substantial evidence due to Petitioner's inconsistent statements and denied the asylum claim based on forced sterilization. (Lin v. Ashcroft, 6/14/05)
CA6 Rules IJ’s Off-Record Conversation with Her Albanian Clerk Is a Due Process Violation, but Finds No Prejudice to Albanian Asylum Applicant
The Court upheld IJ’s negative credibility determination in Albanian asylum case, but also found that IJ abandoned role as a neutral arbiter due to her off-record conversation with her Albanian clerk, amounting to a due process violation. (Vasha v. Gonzales, 6/14/05)
Testimony of Carlina Tapia-Ruano on Post 9/11 Civil Liberty Issues
Testimony of AILA’s First Vice President, Carlina Tapia-Ruano, before the House Judiciary Committee on post 9/11 civil liberty issues (PATRIOT ACT and Executive initiatives).
CA2 Vacates Denial of MTR In Absentia Proceedings
The court held that the IJ abused her discretion in construing Petitioner’s motion to reopen in absentia proceedings as triggering the procedural requirements of ineffective assistance of counsel claims. (Twum v. Gonzales, 6/8/05)
CA9 Instructs Attorneys to Give Court Notice of Reopened Proceedings
Where the BIA reopens proceedings while a petition for review is pending, the parties must notify the court, the Ninth Circuit advised. Reopening usurps the court’s jurisdiction by eliminating the final order which was the subject of the petition for review. (Timbreza v. Gonzales, 6/7/05)
BIA Says Unauthorized Use of Motor Vehicle Is an Aggravated Felony
The BIA ruled that unauthorized use of a motor vehicle is a crime of violence and is thus an aggravated felony, rendering an individual removable and ineligible for a waiver under former INA 212(c) if convicted. (Matter of Brieva-Perez, 6/7/05)
CA3 Criticizes BIA for “Paucity of Analysis”
The court found that Petitioner had suffered past persecution by the Albanian police who inflicted multiple beatings that caused serious injuries, and remanded the case for findings on corroboration and changed conditions. (Voci v. Gonzales, 6/6/05)
BIA Says AOS Is an "Admission" for Purposes of Removal Due to CIMT Conviction
The BIA held that a person convicted of a CIMT punishable by imprisonment for at least one year is removable if the crime was committed within 5 years of the first or any subsequent admission, which includes the date of adjustment to permanent resident status. (Matter of Shanu, 6/6/05)
CA9 Addresses REAL ID Judicial Review Provisions
Following the 5/11/05 enactment of the REAL ID Act, the court reviewed the merits of a petition for review filed by an individual with criminal convictions. (Fernandez-Ruiz v. Gonzales, 5/31/05)
CA9 Holds that a Child of a Parent Forcibly Sterilized Is Not Automatically Eligible for Asylum
Court held that a child is not automatically eligible for asylum because the child’s parent was forcibly sterilized. (Zhang v. Gonzales, 5/26/05)
CA5 Finds INA §242(f) Not Applicable to Stay Requests
The court joined six other circuits in rejecting the government’s position that INA § 242(f) governs stay requests. The court held that stay requests continue to be governed by the four-factor test applied to preliminary injunctions. (Tesfamichael v. Gonzales, 5/24/05)
CA7 Remands Withholding Claim for BIA to Determine if Forcible IUD Insertions Amount to Persecution
The Court overturned BIA’s ruling that Petitioner’s testimony lacked sufficient detail to meet her burden of proof for withholding of removal. The Court, however, remanded to the Board the issue of whether forcible IUD insertions amount to persecution. (Zheng v. Gonzalez, 5/24/05)
CA9 Finds Negligent Manslaughter is Not a Crime of Violence
Applying the Supreme Court's rationale in Leocal v. Ashcroft, CA9 found that a CA conviction for gross vehicular manslaughter while intoxicated was not a crime of violence because the statute does not require active use of force to inflict injury. (Lara-Cazares v. Gonzales, 5/23/05)
EOIR Memo on Security Guidelines in Detention Facilities
EOIR memorandum 05-04, titled Security Guidelines in Detention Facilities, with policies and procedures for all detention facilities including DHS and Bureau of Prison detention facilities, as well as state and county detention facilities.
INA § 242 As Amended by REAL ID Act
This document is an unofficial red-line version of INA § 242, which governs judicial review of orders of removal, as amended by the REAL ID Act.
CA3 Finds that Continuous Physical Presence Clock Can Restart
The court held that an individual who lawfully reentered the U.S. after committing a crime that renders him or her inadmissible may begin to accrue continuous physical presence for cancellation of removal. (Okeke v. Gonzales, 5/18/05)