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.

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.

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.

Good cause for a continuance can be found if the alien makes a reasonable showing that the lack of preparation occurred despite a diligent good faith effort to proceed and that any additional evidence the alien seeks is probative, noncumulative, and significantly favorable to an alien.

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In support of this motion, I state as follows: I am scheduled to appear at the El Paso, Texas Immigration Court on DATE, 2019. To move your case to another court, you must make a "Motion to.Here you explain why the venue change is necessary and why it is a hardshp to attend court in the other state. A response to the motion has not been filed with the court. □ Good cause has been established for the motion. For the foregoing reasons, Respondent respectfully requests that this Motion for Change of Venue to City, State be granted. I am including this sample motion because the location of your court and the identity of your Immigration Judge is CRUCIAL to the outcome of your case. If you move or change your phone number, the law requires you to file this Change of Address Form with the Immigration Court. You should attach any documents and evidence you have to support your request to change venue. A sample motion to change venue.

Sample Letter Of Request For Change Of Venue For Immigration In Wake

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