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
Practice Alert: Unplanned ECAS Outage
EOIR's online filing system ECAS is experiencing an unplanned outage since 11:00 am (ET) on 2/23/26.
CA9 Grants Rehearing En Banc and Vacates Order Addressing Automatic Stays of Removal
The court granted rehearing en banc and vacated the prior panel order addressing the Ninth Circuit’s automatic administrative stay procedures in immigration cases. (Rojas-Epinoza, et al. v. Bondi, 2/20/26)
BIA Holds That Unique Child-Specific Reporting Barriers Do Not Apply to Adults and That IJ’s Internal Relocation Finding Was Erroneous
The BIA held that the unique barriers to reporting harm faced by children do not apply to adults, and that the IJ’s finding that the respondent could not reasonably relocate in Russia to avoid persecution was clearly erroneous. Matter of F–B–A–, 29 I&N Dec. 456 (BIA 2026)
AILA and CGRS Argue Gender-Based Violence Is Persecution
In an amicus brief, AILA and the Center for Gender and Refugee Studies (CGRS) argue persecution based on a woman’s status as a Salvadoran woman supports a cognizable asylum claim, and that the BIA may not exclude gender based violence from qualifying persecution. (Gutierrez Flores v. Bondi, 2/20/26)
CA11 Vacates BIA Removability Determination Based on Conviction for Attempted First Degree Sexual Assault
The court held that the generic definition of rape in INA §101(a)(43)(A) does not include digital penetration, and vacated the BIA’s removability determination based on the petitioner’s D.C. conviction for attempted first-degree sexual abuse. (Barrie v. Att’y Gen., 2/19/26)
BIA Holds That Background Check Remands Are Limited in Scope and New or Different Relief Requires Separate Motion to Reopen
The BIA held that a background check remand is limited to the IJ's consideration of DHS’s background check results and issuance of a final order on the underlying relief, and that any new relief must be sought through a separate motion to reopen. Matter of L–S–C–R–, 29 I&N Dec. 451 (BIA 2026)
CA1 Upholds Asylum Denial Where Guatemalan Petitioner Alleged Years of Abuse by Former Partner
The court upheld the denial of asylum as to the Guatemalan petitioner, who alleged years of sexual and physical abuse at the hands of her former partner, finding that she failed to develop any challenge to the legal and factual bases for the BIA’s ruling. (Cante Mijangos v. Bondi, 2/18/26)
CA1 Vacates Asylum Denial as to Nepalese Petitioner Who Received Maoist Death Threats and Submitted Corroborating Evidence
The court held that the BIA erred by failing to consider potentially significant evidence the petitioner provided independent of his testimony pertaining to his likelihood of future persecution and torture, as relevant to his asylum and related claims. (Khanal, et al. v. Bondi, 2/18/26)
CA9 Orders Supplemental Briefing and Invites Amicus Briefs on Whether Circumvention of Lawful Pathways Rule Is Consistent with INA §208
The court vacated submission, ordered supplemental briefing, and invited amicus briefs on whether the Circumvention of Lawful Pathways rule at 8 CFR §1208.33(a) is consistent with INA §208. (Garcia Morales, et al. v. Bondi, 2/18/26)
CA8 Upholds Denial of Motion to Reopen In Absentia Order Where Honduran Petitioner Failed to Comply with Lozada Requirements
The court upheld the denial of petitioner’s motion to reopen her in absentia removal order, finding that her ineffective assistance claim failed to satisfy Matter of Lozada’s requirement that counsel document filing a disciplinary complaint. (Rodriguez Irias, et al. v. Bondi, 2/17/26)
EOIR Releases Fact Sheet on Observing Immigration Court Hearings
EOIR’s Office of Policy released fact sheet on observing immigration court hearings. The fact sheet outlines restrictions on court observers, including a ban on all virtual observations.
CA4 Finds Petitioner Automatically Became U.S. Citizen upon Mother’s 1998 Naturalization under Former INA §321(a)(3)
The court held that the petitioner automatically became a U.S. citizen when his mother naturalized in 1998, because his paternity had not been established “by legitimation” under the then-governing derivative citizenship statute, former INA §321(a)(3). (Lopez v. Bondi, 2/13/26)
BIA Orders Record Returned to USCIS for Further Investigation of Marriage Fraud Allegations
The BIA held that, based on the petitioner’s extensive allegations and evidence of marriage fraud regarding the approved visa petition, the record should be returned to USCIS to further consider the visa petition and take action as warranted. Matter of Jin, 29 I&N Dec. 441 (BIA 2026)
Vote Recommendation to Congress: Block Any Continued Funding for ICE and CBP and Restore Safety to American Communities
AILA sent a vote recommendation to Congress on 2/12/26 urging it to block any continued funding to ICE and CBP until enforceable reforms are put in place and safety is restored to American communities.
Leaked DHS Document Defending the Administration's Use of Administrative Warrants in Immigration Enforcement
A leaked document from DHS, reported by Pablo Manríquez at Migrant Insider, outlines ICE's current use of administrative warrants for immigration enforcement and the legal justification being used to carry out such actions.
CA5 Holds That Noncitizens Present Without Admission Are Subject to Mandatory Detention under INA §235(b)(2)(A)
The court held that noncitizens present in the United States who were never admitted or paroled are applicants for admission under INA §235(a)(1) and are subject to mandatory detention under INA §235(b)(2)(A) during removal proceedings. (Buenrostro-Mendez v. Bondi, 2/6/26)
CA9 Finds IJ and BIA Abused Discretion in Denying Petitioners’ Motion to Reopen In Absentia Removal Orders Based on Traffic Delay
The court held that the IJ and BIA abused their discretion by applying a categorical rule that traffic delays cannot constitute exceptional circumstances to reopen in absentia removal orders and failed to consider the totality of the circumstances. (Montejo-Gonzalez v. Bondi, 2/5/26)
CA2 Holds That BIA Abused Its Discretion in Finding Petitioner Failed to Show Due Diligence in Pursuing Motion to Reopen
The court held that the BIA abused its discretion in denying the petitioner’s motion to reopen his removal proceedings, finding that the BIA failed to provide sufficient reasons or apply the proper equitable tolling analysis concerning reasonable diligence. (Pinilla Perez v. Bondi, 2/5/26)
EOIR Announces 6 Immigration Judges and 27 Temporary Immigration Judges
EOIR announced the investiture of 6 immigration judges and 27 temporary immigration judges to join courts in Arizona, California, Colorado, Florida, Georgia, Illinois, Louisiana, Maryland, Massachusetts, Nebraska, New York, Texas, Utah, Virginia, and Washington.
BIA Finds Marriage to U.S. Citizen Entered into After Removal Order Is Not Exceptional Circumstance for Sua Sponte Reopening
The BIA held that a respondent’s valid marriage to a U.S. citizen entered into after a removal order does not constitute an exceptional situation warranting sua sponte reopening of removal proceedings. Matter of Yadav, 29 I&N Dec. 438 (BIA 2026)
Immigration Judge Tracker – Form
Use this form to report information on immigration judges, such as if they have been fired or otherwise removed. Information submitted will be made available to AILA members on AILA’s Immigration Judge Tracker.
AILA's Immigration Judge Tracker
AILA’s Immigration Judge Tracker gathers information on current immigration judges and immigration judge removals in one location.
BIA Holds That Matter of N–A–M– Provides Proper Framework for Particularly Serious Crime Determinations
The BIA held that the Matter of N–A–M– framework is the proper rubric for determining whether a crime is particularly serious and that there is no presumption that a single misdemeanor conviction is not for a particularly serious crime. Matter of E–A–S–O–, 29 I&N Dec. 422 (BIA 2026)
CA9 Blocks DHS’s Attempt to Vacate TPS for Venezuela and Shorten Haiti’s Protection
The court ruled DHS exceeded its authority by vacating Venezuela’s TPS designation and shortening Haiti’s TPS period, finding TPS statute allows only designation, extension, or termination—not midstream vacatur—and requires strict procedures. (Nat’l TPS All., et al. v. Noem, et al., 1/28/26)
CA10 Upholds Asylum Denial as to Petitioner Who Alleged Salvadoran Police Abuse Based on Suspected Gang Affiliation
The court held that the petitioner failed to establish that harm by Salvadoran police based on his alleged membership in a particular social group (PSG)—namely, those with “imputed gang membership”—was on account of a protected ground. (Bonilla-Espinoza v. Bondi, 1/27/26)