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.

The Procedure for a Change of Venue Filing the motion. The moving party should file a motion for a change of venue with the court where the case is pending. Supporting affidavits. The moving party must also provide affidavits and other evidence to support the motion. Serving the motion. Hearing. The judge's decision.

A change of venue is supported by your affidavit and the affidavits of at least 3 other credible (believable) people that live in that county, showing local prejudice, that: you cannot get a fair and impartial trial in the current county, or. any other sufficient (necessary) reason as determined by the court, or.

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Your Motion to Change Venue package should include: 1. To move your case to another court, you must make a "Motion to.Sample Motion to Change Venue. When a judge transfers venue, your case is moved to a court in a different county. There is no filing fee for this petition. 7. Fair Trial Venue Change - Motion - Updated April 2021. Fair Trial Venue Change - Order - Updated April 2021. If you would like to change a child support or custody order that resulted from a SAPCR, you will need to file with the court for a modification. File her Request for Orders to change venue. Asylum hearings in the San Antonio Immigration Court.

Sample Letter Of Request For Change Of Venue With Family In San Antonio

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