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
CA6 Upholds BIA’s Finding That No Extraordinary Circumstances Excused VAWA Petitioner’s Six-Year Delay in Filing Motion to Reopen
The court held that the BIA did not err in concluding that the Violence Against Women Act (VAWA) petitioner failed to show extraordinary circumstances that would excuse his six-year delay in seeking reopening under the special rule for VAWA petitioners. (Sarkisov v. Bondi, 11/21/25)
DOJ 30-Day Notice of Revision and Extension of Forms EOIR-42A and EOIR-42B
DOJ notice of revision and extension of Form EOIR-42A, Application for Cancellation of Removal for Certain Permanent Residents and Form EOIR-42B, Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents. Comments are due 12/22/25. (90 FR 52708, 11/22/25)
ICE Notice of FY26 Adjustments for Inflation for Certain Fees Required by H.R. 1
ICE announced FY26 inflationary adjustments to certain fees required by H.R. 1, effective 12/1/25. The adjusted fee amounts for individuals removed in absentia and inadmissible individuals arrested between ports of entry are $5,130. (90 FR 52425, 11/20/25)
Updated Practice Pointer: USCIS Transition to “Electronic Payments” and Implements ACH Debit Payment Option for Filing Fees
AILA's USCIS Operations Committee share an updated practice pointer on the implementation of ACH debit payments following updated information released by USCIS post implementation.
BIA Holds That VAWA Waiver Excuses Only Time Limits, Not Numerical Bar on Motions to Reopen
The BIA held that under INA §240(c)(7)(C)(iv)(III), the extraordinary circumstances or extreme hardship waiver for motions to reopen only applies to temporal limitations for filing a motion to reopen to apply for relief under VAWA. Matter of B–S–H–, 29 I&N Dec. 313 (BIA 2025)
CA9 Holds That Minor Defects in Petition for Review Did Not Warrant Dismissal Under INA §242(c)
The court held that the petitioner’s failure to comply with the precise requirements of INA §242(c) did not warrant dismissing or denying his petition, finding that imperfections in his filing did not deprive the government of notice or result in prejudice. (Kazarian v. Bondi, 11/18/25)
CA10 Holds That Recidivist DUI Conviction Showed Lack of Good Moral Character for Cancellation of Removal Purposes
The court found that the BIA properly concluded that the recidivist nature of the petitioner’s 2017 DUI conviction, his fourth such offense, demonstrated lack of good moral character under INA §240A(b)(1)(B) within the 10-year period. (Luna-Corona v. Bondi, 11/17/25)
DHS Notice of U.S.-Ecuador Agreement on Transfer of Third-Country Nationals to Ecuador
DHS published the Agreement between the Government of the United States of America and the Government of the Republic of Ecuador relating to the transfer of third-country nationals to Ecuador, effected by exchange of diplomatic notes on 7/16/25 and 7/23/25. (90 FR 51376, 11/17/25)
BIA Holds That Isolated Police Refusal Does Not Establish Government Unwillingness to Protect
The BIA held that a single attempt to report harm by private actors to local police, without further police harm or evidence of widespread collusion with the alleged persecutors, does not show the government is unable or unwilling to protect. Matter of K-S-H-, 29 I&N Dec. 307 (BIA 2025)
Sample Brief: Reply in Support of Habeas Petition Challenging Warrantless Arrest and Detention
Petitioners’ reply in support of a habeas petition challenging warrantless ICE arrests and detention as unconstitutional, alleging lack of cause, due process, and counsel, seeking release, and exclusion of unlawfully obtained evidence. (Complaint, Amendment, Other Pleading)
BIA Finds IJ Improperly Granted Administrative Closure Absent Prima Facie SIJ Eligibility
The BIA held that, given the respondent’s failure to submit evidence of his prima facie eligibility for SIJ classification and the extended delay in the availability of a visa, the IJ erred in granting administrative closure. Matter of Cahuec Tzalam, 29 I&N Dec. 300 (BIA 2025)
CA4 Holds That Petitioner’s Virginia Conviction for Receipt of Stolen Property Was a CIMT
On remand from the Supreme Court in light of Loper Bright, the court held that the petitioner’s conviction in Virginia for receipt of stolen property was a crime involving moral turpitude (CIMT) rendering him ineligible for cancellation of removal. (Solis-Flores v. Bondi, 11/13/25)
Practice Alert: Information on New Temporary Immigration Judges
AILA National shares a practice alert with information on twenty-five recently appointed temporary immigration judges (TIJ) who began adjudicating cases on 10/27/25. Available information includes judge name, court of practice, personal biographies, and more.
CA5 Holds Forfeiture Order Can Constitute Clear and Convincing Evidence of Funds Laundered under INA §101(a)(43)(D)
The court held that an unrebutted forfeiture order entered against a noncitizen finding a specific amount of laundered funds attributable to their conduct of conviction can be clear and convincing evidence of the funds amount under INA §101(a)(43)(D). (Dominguez Reyes v. Bondi, 11/6/25)
CA9 Stays Panel Order Denying Stay of Removal for Peruvian Family in Asylum Case Pending En Banc Vote
The court stayed its 10/24/25 panel order denying a motion for a stay of removal for a Peruvian family, after a judge requested a vote on en banc rehearing. The panel vacated oral argument and allowed optional supplemental briefs on the en banc question. (Rojas-Espinoza v. Bondi, 11/10/25)
CA9 Holds That BIA Abused Its Discretion by Declining to Remand to IJ for Competency Determination
The court held that the record evidence, including head trauma, alcohol abuse, dementia, anxiety, depression, and memory disturbance, clearly contained indicia of incompetence warranting further inquiry by the IJ. (Lemus-Escobar v. Bondi, 6/16/25, amended 11/10/25)
CA5 Upholds BIA’s Denial of VAWA Special Rule Cancellation Based on Lack of Corroboration
The court held that substantial evidence supported the BIA’s determination that petitioner failed to show eligibility for VAWA special rule cancellation because she did not provide reasonably available corroborating evidence of battery or extreme cruelty. (Calderon-Uresti v. Bondi, 11/6/25)
BIA Reverses IJ’s Bond Grant as to Respondent with Recent Arrest for Violent and Aggressive Conduct
The BIA held that the IJ erred in concluding that the respondent was not a danger to the community, where the respondent threatened to kill someone, reacted negatively to law enforcement intervention, and used an alias to evade arrest. Matter of Rodriguez Pena, 29 I&N Dec. 358 (BIA 2025)
BIA Reverses IJ’s Determination That Respondent with Gang Affiliation Had Established Likelihood of Torture in Panama
The BIA held that IJ’s predictive factual findings based on a series of suppositions regarding the harm respondent would likely suffer in Panama were clearly erroneous and did not support a grant of Convention Against Torture (CAT) protection. Matter of L–A–G–B–, 29 I&N Dec. 343 (BIA 2025)
CA4 Remands for BIA to Apply Correct Standard of Review to Analysis of INA §101(f)(6)’s False Testimony Bar
The court held that the BIA improperly reviewed for clear error the legal question of whether the petitioner’s testimony as to aliases constituted “testimony” under INA §101(f)(6)’s false testimony bar rather than applying the correct de novo review. (Martinez-Martinez v. Bondi, 11/5/25)
CA5 Upholds BIA’s Denial of Guatemalan Petitioner’s 19-Years-Late Motion to Reopen
The court held that the BIA did not abuse its discretion in concluding that the petitioner’s 19-years-late motion to reopen was untimely and was not entitled to equitable tolling, finding that the petitioner failed to diligently pursue his rights. (Rosa Arevalo v. Bondi, 11/5/25)
NPR: A Deep Dive into the Trump Administration's Firing of Immigration Judges
NPR reports that the Trump Administration is firing scores of immigration judges and bringing on dozens of others, as it seeks to boost mass deportations. In this five-minute-long listen (transcript also provided), NPR analyzes patters in hiring and firing.
BIA Vacates IJ’s Grant of Asylum as to Political Activist from Moldova
The BIA held that the respondent did not establish a well-founded fear of persecution based on a pretextual summons for his political activity and country conditions evidence that political activists are detained and severely harmed in Moldova. Matter of N–P–A–, 29 I&N Dec. 347 (BIA 2025)
Staying Brave is Hard for Immigrants and Attorneys Alike
AILA Elected Director Heather Prendergast describes a recent consultation that deeply affected her as a young Venezuelan couple faces detention and removal after a routine traffic stop upended their lives.
BIA Holds That Asylum Seekers Must Prove “More Likely Than Not” Persecution in Third Country to Overcome ACA Bar
The BIA held that respondents subject to an asylum cooperative agreement (ACA) must prove by a preponderance of evidence they will more likely than not be persecuted or tortured in the third country to avoid the safe third country bar. Matter of C–I–G–M– & L–V–S–G–, 29 I&N Dec. 291 (BIA 2025)