Featured Issues

Featured Issue: Representing Clients Before ICE

2/3/25 AILA Doc. No. 25010904. Removal & Relief

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

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.

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An unpublished ICE memo from acting ICE Director Caleb Vitello entitled “Interim Guidance: Civil Immigration Enforcement Actions in or near Courthouses” makes reference to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

Filing Administrative Complaints on Behalf of Detained and Formerly Detained Clients

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.

Pre Jan 20, 2025 Status Current Status
  • Unclear but attorneys should proceed with extreme caution in pursuing any relief under this process.
  • No recission has been announced.
  • No recission has been announced.
  • The 2021 Victim Centered Approach Memo and the 2011 Prosecutorial Discretion for Victims and Witness have allegedly been rescinded though no public updated guidance available at the time of this updated. Media reports suggest that the requirements of 1367 protections should still be followed.
  • No recission has been announced.
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AILA Blog

Think Immigration: Could This Be Our Time?

In this blog post, Sarah Lachman describes her hopes for the incoming Congress to end inhumane enforcement, create an Article I immigration court, and pursue real reform, and the opportunities available to discuss and learn with colleagues at the upcoming AILA New York Symposium.

Accessible to Public.
Cases & Decisions, DOJ/EOIR Cases

BIA Holds Finding of Likely Future Torture Was Speculative Where It Relied on General Country Conditions Evidence

The BIA held that the IJ’s finding of likely future torture was speculative where generalized country conditions evidence failed to establish a particularized risk or support the IJ’s finding that the respondent could not internally relocate. Matter of K–Y–V–R–, 30 I&N Dec. 203 (BIA 2026)

AILA Doc. No. 26110302. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
AILA Public Statements, Press Releases

AILA ED Condemns Trump Administration’s Plans to Deport Afghan Immigrants Back to Danger

AILA ED Ben Johnson responded to reports that the Trump Administration plans to deport scores of Afghan immigrants to Pakistan where they are expected to then be sent back to danger in Afghanistan, stating that “America can enforce its immigration laws without abandoning our values.”

11/3/26 AILA Doc. No. 26110307. Removal & Relief
Accessible to Public.
Cases & Decisions, DOJ/EOIR Cases

BIA Holds It Generally Will Not Reopen Proceedings Sua Sponte for Arriving Aliens Seeking Adjustment Before USCIS

The BIA reaffirmed Matter of Yauri, holding that it generally will not exercise its discretion to reopen proceedings sua sponte for an arriving alien to pursue adjustment of status before USCIS. Matter of Pierre-Louis, 30 I&N Dec. 212 (BIA 2026)

10/30/26 AILA Doc. No. 26110201. Adjustment of Status, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
AILA Public Statements, Press Releases

AILA ED: Supreme Court Declines Case, Further Undermining Independence of Immigration Courts

AILA ED Ben Johnson responded to the U.S. Supreme Court’s declining to take up the case regarding immigration judges’ authority to administratively close cases, stating that the Trump Administration has “coopted the courts to advance its mass deportation campaign.”

10/29/26 AILA Doc. No. 26102900. Removal & Relief, Special Immigrant Juveniles
Accessible to Public.
AILA Blog

Think Immigration: AILA Celebrates Pro Bono Week 2026!

As part of Pro Bono Week 2026, AILA celebrates our members’ dedication to clients and the power of service; in this blog post, two attorneys share how pro bono work fuels persistent advocacy, builds practical skills, and connects practitioners with a community of support.

10/27/26 AILA Doc. No. 26102703. Detention & Bond, Practice Management, Removal & Relief
Accessible to Public.
Cases & Decisions, DOJ/EOIR Cases

BIA Holds That South Carolina Second-Degree Assault and Battery Categorically Constitutes a CIMT

The BIA held that a conviction for assault and battery in the second degree in South Carolina, which requires a reckless mental state and the actual or attempted infliction of “moderate bodily injury,” is categorically for a CIMT. Matter of Mercader, 30 I&N Dec. 185 (BIA 2026)

10/27/26 AILA Doc. No. 26103061. Crimes, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases

CA6 Holds That It Lacks Jurisdiction over Standalone Reasonable-Fear Challenge

The court held it lacked jurisdiction over a petition challenging only an IJ’s negative reasonable-fear determination and recognized that Riley v. Bondi abrogated precedent permitting standalone review of withholding and CAT rulings. (Castro-Fuentes v. Blanche, 10/27/26)

10/27/26 AILA Doc. No. 26110301. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
FR Regulations & Notices

DOJ 60-Day Notice of Revision and Extension of Forms EOIR-42A and EOIR-42B

DOJ notice of revision of Forms EOIR-42A, Application for Cancellation of Removal for Certain Permanent Residents and EOIR-42B, Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents. Comments due 11/25/26. (91 FR 53897, 8/20/26; 91 FR 67334, 10/26/26)

10/26/26 AILA Doc. No. 26082002. Adjustment of Status, Removal & Relief
Accessible to Public.
Cases & Decisions, DOJ/EOIR Cases

BIA Reverses Credibility Finding and Holds DHS Established Reason to Believe Returning LPR Engaged in Drug Trafficking

The BIA reversed the IJ’s credibility finding and held that DHS proved by clear and convincing evidence the returning LPR engaged in illegal activity after departure and there was reason to believe she knowingly trafficked drugs. Matter of Ozuna Mendoza, 30 I&N Dec. 177 (BIA 2026)

10/26/26 AILA Doc. No. 26103062. Admissions & Border, Crimes, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases

CA10 Holds It Has Jurisdiction over Reinstatement Orders After Riley v. Bondi but Dismisses Petition as Untimely

The court held that reinstatement orders remain reviewable after Riley but dismissed the petition as untimely, assuming without deciding that equitable tolling was available and finding that no extraordinary circumstance prevented timely filing. (Vizguerra-Ramirez v. Blanche, 10/26/26)

10/26/26 AILA Doc. No. 26110300. Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions

CA5 Holds Petitioners Not Lawfully Admitted Are Not Entitled to Bond Hearing

The court held that noncitizens who have not been admitted into the U.S. are not entitled to any process beyond what is provided by statute. Accordingly, an unadmitted noncitizen has no statutory or constitutional right to a bond hearing. (Sosnava Rodriguez v. Vergara, 10/23/26)

10/23/26 AILA Doc. No. 26102302. Detention & Bond, Removal & Relief
Accessible to Public.
Cases & Decisions, Federal Court Cases

CA9 Remands Denial of Relief Where IJ Misunderstood Bisexuality and Denied Opportunity to Corroborate

The court held that the agency misunderstood the petitioner’s particular social group based on his bisexual orientation and erred by failing to give petitioner notice and a meaningful opportunity to present additional corroborating evidence to support his claim. (A.M. v. Blanche, 10/23/26)

10/23/26 AILA Doc. No. 26103064. Asylum & Refugees, LGBTQ, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
AILA Blog

Think Immigration: An AILA Law Journal Issue for Our Times

AILA Law Journal Editor-in-Chief Cyrus Mehta describes the new edition, writing that the editorial board sought to “bring forward a collection of both original and thought-provoking articles by authors who have creatively advanced topics and ideas that may have received too little attention.”

Accessible to Public.
Cases & Decisions, DOJ/EOIR Cases

BIA Holds That No Further Steps to Effect Notice Are Reasonably Available When Mail to Only Address of Record Is Undeliverable

The BIA held that when mail sent to a respondent’s only address of record is returned as undeliverable, there are no additional reasonably available or practicable steps the Board or an immigration court can take to effect notice. Matter of Chamorro Castillo, 30 I&N Dec. 170 (BIA 2026)

10/22/26 AILA Doc. No. 26102700. Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Agency Memos & Announcements

EOIR Announces Swearing in of 22 Immigration Judges and 4 Temporary Immigration Judges

EOIR announced the swearing in of 22 immigration judges and 4 temporary immigration judges. EOIR also provided biographical information for the new judges.

10/22/26 AILA Doc. No. 26102903. Removal & Relief
Accessible to Public.
Cases & Decisions, Federal Court Cases

CA5 Finds Past Persecution Creates No Presumption of Future Torture and BIA May Screen New Evidence in Denying Remand

The court held that past persecution creates no presumption of future torture under the CAT, that substantial-evidence review governs CAT eligibility, and that the BIA may assess new evidence for reliability and probative value when deciding whether to remand. (Zahid v. Blanche, 10/20/26)

10/20/26 AILA Doc. No. 26103063. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, DOJ/EOIR Cases

BIA Declines to Follow Ninth Circuit’s Inherently Unbelievable Standard for Affidavits Supporting Motion to Reopen

The BIA held that the Ninth Circuit’s inherently unbelievable standard conflicts with U.S. Supreme Court precedent, and that IJs and the BIA need not accept as true facts supporting a motion to reopen even if not inherently unbelievable. Matter of J–E–D–C–, 30 I&N Dec. 162 (BIA 2026)

10/19/26 AILA Doc. No. 26102202. Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases

CA4 Holds Past Abuse Alone Is Insufficient for CAT Protection and Upholds No-Nexus Finding on PSG of Imputed Homosexuals

The court held that past abuse alone does not establish CAT eligibility without a showing of likely future torture, and that substantial evidence supported the finding of no nexus to the petitioner’s proposed particular social group (PSG) of imputed homosexuals. (Qaiymah v. Blanche, 10/19/26)

10/19/26 AILA Doc. No. 26102800. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, DOJ/EOIR Cases

BIA Overrules Matter of Sanchez Sosa Continuance Standard and Holds No Presumption Favors a Continuance for a U Visa Petition

The BIA held that no presumption favors a continuance for a prima facie approvable U visa petition and that IJs should apply the Matter of L–A–B–R– test in deciding good cause based on a pending petition or visa availability. Matter of L. Ramirez, 30 I&N Dec. 157 (BIA 2026)

10/16/26 AILA Doc. No. 26102162. Removal & Relief, T & U Status
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases

CA8 Upholds Denial of Asylum and Humanitarian Asylum Based on Fundamental Change in Circumstances and Insufficiently Severe Past Harm

The court held that substantial evidence supported the agency’s finding that DHS rebutted the presumption of a well-founded fear of future persecution by showing a fundamental change in circumstances in The Gambia, and affirmed the denial of humanitarian asylum. (Jatta v. Blanche, 10/16/26)

10/16/26 AILA Doc. No. 26102101. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Immigration News

AILA Law Journal, Vol. 8, Number 2, October 2026

The October 2026 edition of the AILA Law Journal is now available.

Accessible to: Member, Student, Paralegal.
Cases & Decisions, Federal Court Cases

CA1 Upholds Asylum Denial Where Stalking, Threats, and Emotional Harm Did Not Compel a Finding of Persecution

The court held that substantial evidence supported the findings that the petitioner, stalked for three years in Honduras by a man who threatened her partner, did not establish past persecution or an objectively reasonable fear of future persecution. (Alvarado-Hernandez v. Blanche, 10/15/26)

10/15/26 AILA Doc. No. 26102201. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases

District Court Approves Class Action Settlement Agreement in Ms. L. v. ICE

The district court approved a class action settlement agreement in a lawsuit relating to families who were apprehended together by the U.S. government at the U.S.-Mexico border between 1/20/17 and 1/20/21, but were then separated and kept apart. (Ms. L., et al. v. ICE, et al., 12/1/23)

10/14/26 AILA Doc. No. 18031238. Asylum & Refugees, Detention & Bond, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Practice Resources

Practice Alert: Increased Notice of Appeal Filing Fee & Payments Made before October 1, 2026

AILA's EOIR Committee shares this practice alert regarding an increase in the filing fee for a Notice of Appeal to the BIA from $1,030 to $1,060, effective 10/1/26. This new fee applies based on the date that Notice of Appeal is filed, not the payment date.

10/14/26 AILA Doc. No. 26101462. Removal & Relief
Accessible to: Member, Student, Paralegal.
Accessible to Public.