Office of the Principal Legal Advisor:

1) What is OPLA?
The Office of the Principal Legal Advisor (OPLA) is the legal office of ICE. OPLA attorneys (immigration prosecutors) represent the Department of Homeland Security (DHS) in Immigration Court removal cases.

2) How is OPLA different from EOIR, USCIS, CBP, and ICE-ERO/HSI?

• EOIR (DOJ) runs Immigration Courts and the BIA; judges work for DOJ, not DHS.

• USCIS (DHS) adjudicates immigration benefits (affirmative asylum, green cards, naturalization).

• CBP handles ports of entry/border.

• ICE-ERO detains and removes people; HSI investigates crimes.

• OPLA provides the lawyers who prosecute removal cases for DHS in Immigration Court.

3) What do OPLA attorneys do in court?
They file and litigate Notices to Appear (NTAs), oppose or agree to bond positions, present evidence (such as Form I-213), examine witnesses, file motions (to continue, pretermit, reopen, reconsider), and appeal to the BIA.

4) What is “prosecutorial discretion” (PD) and can OPLA exercise it?
Yes. PD is the government’s choice to prioritize or resolve a case (e.g., dismissal, administrative closure where available, stipulations, or narrowing issues). PD criteria evolve; strong equities (family ties, medical issues, victims/witnesses, military service, humanitarian factors) often matter.

5) Can OPLA agree to terminate or dismiss a case?
In some situations, yes—particularly when the NTA is defective, the respondent has clear relief elsewhere (e.g., USCIS), or the equities and enforcement priorities support dismissal. It is case-specific.

6) Will OPLA stipulate to eligibility or facts?
Sometimes. OPLA can stipulate to certain facts (identity, entry date, removability) or to elements of relief (e.g., good-faith marriage evidence) to narrow the trial. Stipulations should be written and filed with the court.

7) What’s Form I-213 and why is it important?
Form I-213 (Record of Deportable/Inadmissible Alien) is a common DHS evidence form documenting how DHS learned about the respondent and key facts. It’s presumptively reliable but can be challenged for inaccuracy, coercion, or contradictions with the record.

8) How do I request evidence from OPLA?
There is no broad civil “discovery” rule in Immigration Court. Practitioners use targeted requests to OPLA, FOIA to DHS components (ICE, CBP, USCIS), and, in rare cases, subpoena requests through the IJ. Keep requests narrow and relevant.

9) Does OPLA have disclosure/ethics obligations like Brady?
Immigration proceedings are civil, not criminal, but OPLA attorneys are still officers of the court and must follow professional-responsibility rules; they should not present false or misleading evidence and should correct material errors known to them.

10) Can OPLA agree to bond or parole for detained clients?
OPLA can take a position on bond (oppose, not oppose, or agree to a set amount) in custody hearings. Parole decisions are typically by ICE-ERO, not OPLA, though OPLA may provide input.

11) How does OPLA interact with an asylum or other relief application?
OPLA may oppose or not oppose relief; it can cross-examine, challenge credibility, or stipulate to elements to streamline issues. For strong cases, OPLA may consider PD to dismiss so the respondent can pursue relief directly with USCIS.

12) Can OPLA appeal if the judge grants relief?
Yes. OPLA can appeal to the BIA. Likewise, if the IJ denies relief, OPLA will defend that decision on appeal.

13) How do I ask OPLA for PD?
Send a PD request packet to the local OPLA office or designated email per local practice. Include a concise cover letter, evidence of equities (family, work, medical, community ties), criminal records (if any), and a proposed resolution (dismissal, stipulation, termination, or scheduling relief with USCIS).

14) What if my client has a strong USCIS case—will OPLA dismiss?
Often the most persuasive PD requests show clear USCIS eligibility (e.g., approved I-130, prima facie VAWA, SIJS findings, approved I-140 with adjustment eligibility). OPLA may dismiss so the client can pursue benefits at USCIS, but it is not guaranteed.

15) Does OPLA ever join motions to reopen or reconsider after a final order?
Yes—OPLA can join a motion in limited circumstances (e.g., to allow USCIS relief, to correct legal error, or in humanitarian situations). A joint motion is usually stronger than a unilateral filing.

16) What is ECAS and how do I serve OPLA?
ECAS is EOIR’s e-filing system. Most filings are served on OPLA by electronic service through ECAS or by email/other method if required locally. Check the local OPLA standing order/website for addresses and service rules.

17) How do PD and “administrative closure” work today?
Administrative closure availability depends on circuit law and current policy. Where permitted, OPLA may agree to close a case; elsewhere, PD might mean dismissal or continuance instead. Ask about your jurisdiction’s practice.

18) What happens if OPLA believes the NTA or removability is defective?
OPLA can amend or supersede the NTA, move to continue, or, in some cases, dismiss. Defense counsel can challenge jurisdictional or pleading defects; OPLA’s response will depend on the facts and controlling law.

19) Can OPLA issue subpoenas or compel witnesses?
Subpoenas are issued by the Immigration Judge upon a party’s request. OPLA can request subpoenas; respondents can too, but the IJ decides.

20) If I win relief, does OPLA handle post-grant steps?
Post-grant processing (e.g., card production) is typically with USCIS. OPLA’s role usually ends with the court order (unless there’s an appeal).

21) Do I need a lawyer to deal with OPLA?
You’re not required to have one, but OPLA litigates removal cases daily. An experienced immigration attorney can negotiate PD, challenge evidence, and preserve issues for appeal.