Letter from attorney to opposing counsel requesting documentation concerning homestead exemption for change of venue motion.
Letter from attorney to opposing counsel requesting documentation concerning homestead exemption for change of venue motion.
Write your full name here Write the date here mm/dd/yyyy Explain that you have moved. Request to move your case from your current immigration court to an immigration court near your new address. You can also explain why it would be difficult for you to go back to your current immigration court for your hearing.
YOU NEED TO CHANGE COURTS? To move your case to another court, you must make a “Motion to Change Venue” in writing, and file one copy with the Court where your case is currently located and another copy with the Department of Homeland Security.
If you miss your immigration court date, the judge can issue a removal order in your absence. This means you could be deported without another hearing. However, you can challenge the order by filing a motion to reopen.
While you should try to attend the scheduled hearing on the NTA, sometimes a foreign national will need to ask for a continuance to reschedule it. They can file a motion for a continuance with the immigration judge, who will have substantial discretion in determining whether to grant it.
The judge must review the facts of the specific case and determine whether a change of venue would be appropriate. For example, the judge may look into whether the foreign national may have a valid defense to removal. They also may be more likely to grant a change of venue if the case has not already been delayed.
To move your case to another court, you must make a “Motion to Change Venue” in writing, and file one copy with the Court where your case is currently located and another copy with the Department of Homeland Security.
If you are unable to attend, however, you can request that the date be changed. The procedure for this is to file legal paperwork called a "motion for a continuance." The Immigration Judge (IJ) has wide discretion to grant or deny such a motion, and you take additional risks by rescheduling a hearing.
Certain people in proceedings before an immigration court can apply for relief from removal, such as adjustment of status to that of a lawful permanent resident, cancellation of removal, and certain waivers of inadmissibility.