Requests for OPLA to Join or Not Oppose Motions Filed Pursuant to the Ms. L. Settlement Agreement

Where to Submit Requests

Requests must be emailed to the U.S. Immigration and Customs Enforcement (ICE), Office of the Principal Legal Advisor (OPLA) Field Location responsible for the Class Member or QAFM’s immigration case. In order to locate the appropriate OPLA Field Location, click on the OPLA Field Location Map button and find the OPLA location that is in the same city and state where your immigration case is pending or was previously pending before the immigration court.

• For example, if a Class Member’s immigration case is pending before the immigration court in Philadelphia, Pennsylvania, the appropriate OPLA Field Location for the case is OPLA Philadelphia. The Class Member would then send an email request to that location.
• Another example is if a Class Member’s immigration case is on appeal before the Board of Immigration Appeals (BIA). In such scenarios, Class Members would first determine which immigration court last adjudicated their case by looking at the city and state referenced in the case-caption on the immigration judge’s decision that was appealed. The Class Member would then identify the OPLA location that is in that same city and state and send an email request to that location.

Individuals may also utilize the EOIR automation hotline at 1-800-898-8170 or the EOIR online automated case information website found here, to determine which city and state their immigration case is currently, or was previously, pending before the immigration court.

The email addresses for the OPLA Field Locations nationwide may be viewed by clicking on the OFL Email Addresses for Requests header below.

Required Format for Requests

Requests must comply with the following requirements:

• Subject Line – The email’s subject line must clearly state: (1) “Ms. L. Motion;” (2) the type of motion; and (3) the Class Member’s and/or QAFM’s Alien Registration Number(s) (A-number(s)).
  • Examples: “Ms. L. Motion to Dismiss, A123 456 789,” or “Ms. L. Motion to Reopen and Dismiss, A123 456 789,” or “Ms. L. Motion to Remand and Dismiss, A123 456 789.”
• Body of the Email – The body of the email must contain the following information:
  • the type of motion sought (e.g., dismissal, administrative closure, continuance, or reopening of the removal proceedings);
  • whether the individual is a Class Member or a QAFM;
  • the Class Member’s or QAFM’s full name, date of birth, country of citizenship, and A-Number (e.g., John James Doe, 01/01/2021, Mexico, A123 456 789);
  • the next scheduled hearing date before EOIR, if applicable;
  • the full name and A-number of the separated family members, as follows:
    • If the request is being made by the parent or legal guardian, include the name(s) and A-numbers(s) of the child(ren);
    • If the request is being made by the child, include the full name(s) of the child’s separated parent(s) or legal guardian(s), and their A-numbers, if known;
  • for QAFMs, the full names and A-numbers of the Class Member(s) associated with the QAFM; and
  • any additional information that will help the OPLA attorney assess the request.
• Supporting Documentation – The following supporting documentation must be attached to the email, if applicable:
  • evidence of a pending parole application (e.g., Form I-797, Notice of Action);
  • evidence of the parole authorized or granted by U.S. Citizenship and Immigration Services (USCIS) (e.g., Form I-94, Arrival/Departure Record or travel document authorizing parole);
  • if parole was not sought, evidence of Ms. L. Class membership (i.e., the Class membership confirmation email);
  • For QAFMs, a copy of the email sent to their associated Class Member confirming the Class Member’s Ms. L. Class membership;
  • if Ms. L. Class membership or parole was denied, any information reflecting the basis for the denial; and
  • any other documentation that will help OPLA assess the request.
• Draft Motions – If the request to the OPLA Field Location includes a draft motion for OPLA’s consideration, the motion must:
  • clearly reference that the noncitizen is a Class Member or QAFM,
  • state that the motion is being submitted in light of the Ms. L. v. ICE Settlement Agreement,
  • delineate the type of motion being sought (e.g., dismissal of removal proceedings), and
  • include any other information and/or documentation in support of the motion.
• Forms G-28 / EOIR-28 / EOIR-27 – If the request is being submitted by a legal representative on behalf of a Class Member or QAFM, then a signed and completed Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, Form EOIR-28, Notice of Entry of Appearance as Attorney or Accredited Representative Before the Immigration Court, or Form EOIR-27, Notice of Entry of Appearance as Attorney or Accredited Representative Before the Board of Immigration Appeals, must also be attached to the email.

Motion Types

Motions to Continue Based on a Pending Application for Parole

Class Members and QAFMs in removal proceedings pursuant to Section 240 of the Immigration and Nationality Act (INA) or withholding-only proceedings pursuant to 8 C.F.R. § 1208.31(e) before the Immigration Court or the Board of Immigration Appeals (BIA) and who have a pending parole application before USCIS under the terms of the Settlement Agreement may submit a request to the appropriate OPLA Field Location for DHS to join or not oppose a motion to continue the proceedings pending USCIS’ adjudication of the parole application.

• Requests for DHS to join or not oppose the motion must be submitted no later than one year after the application for parole has been filed with USCIS.

Motions to Dismiss/Terminate or Administratively Close Based on an Approved Parole Application

Class Members and QAFMs who are in INA § 240 proceedings or withholding-only proceedings and for whom USCIS has granted parole may request that DHS join or not oppose a motion to dismiss/terminate, administratively close, or recalendar and dismiss/terminate, as appropriate.

• If the Class Member and/or QAFM was granted parole on or after the Effective Date of the Settlement Agreement, the request must be submitted to the appropriate OPLA Field Location on or before one year after USCIS approves the parole application. The authorized period of parole must not have expired or have been terminated at the time of the request.
• If the Class Member and/or QAFM was granted parole prior to the Effective Date of the Settlement Agreement, the request must be submitted to the appropriate OPLA Field Location on or before one year after the Effective Date of the Settlement Agreement. The authorized period of parole must not have expired or have been terminated at the time of the request.

Motions to Dismiss/Terminate, Recalendar and Dismiss/Terminate, or Reopen and Dismiss/Terminate INA § 240 Removal Proceedings to Pursue Asylum before USCIS

Class Members (including those seeking that USCIS reopen a previously denied or referred asylum application) who are in INA § 240 removal proceedings or who are seeking to recalendar or reopen and dismiss/terminate prior INA § 240 removal proceedings without prejudice, may submit a request that DHS join or not oppose the motion. A Class Member’s motion may include their QAFM(s) who are in consolidated INA § 240 removal proceedings with them.

A Class Member’s request for DHS to join or not oppose the motion must be submitted no later than two years after their “Settlement Class Member Confirmation Date.”

• The “Settlement Class Member Confirmation Date” is defined as the date the DHS Family Reunification Task Force Research Committee accepts an individual as a Class Member and refers the individual’s case for services under the Settlement Agreement.
• If an individual was determined to be a Class Member prior to the Effective Date of the Settlement Agreement, then their “Settlement Class Member Confirmation Date” will be the effective date of the Settlement Agreement.

Motions Before the Board of Immigration Appeals

Class Members with pending appeals before the BIA (including appeals that have been administratively closed or taken off the docket by the BIA) may submit a request to the appropriate OPLA Field Location that DHS join or not oppose a motion to remand or a motion to remand and dismiss, terminate, or administratively close their removal proceedings. Motions filed by Class Members may include their QAFM(s) who are in consolidated removal proceedings with them.

A Class Member’s request for DHS to join or not oppose the motion must be submitted no later than two years after their “Settlement Class Member Confirmation Date.”

Fees or Filing Charges

OPLA does not charge a filing fee or application fee to receive, process, or consider motions filed by noncitizens. Therefore, a fee is not required when submitting a request to an OPLA Field Location that it join or not oppose a motion under the terms of the Settlement Agreement.

No Private Right

This guidance is not intended to, does not, and may not be relied upon to create any right or benefit, substantive or procedural, enforceable at law by any party in any administrative, civil, or criminal matter.