Immigration Motions

Immigration Motions in the United States

Other Motions (distinct to Reopen In Absentia Orders) in relation to Immigration Courts

(information based on the DoJ Manual)

Motion to continue

A request for a continuance of any hearing should be made by written motion. Oral motions to continue are discouraged. The motion should set forth in detail the reasons for the request and, if appropriate, be supported by evidence. See (in this American law platform, in relation to immigration courts and judges) Evidence. It should also include the date and time of the hearing, as well as preferred dates that the party is available to re-schedule the hearing. However, parties should be mindful that the Immigration Court retains discretion to schedule continued cases on dates that the court deems appropriate. The motion should be filed with a cover page labeled “MOTION TO CONTINUE” and comply with the deadlines and requirements for filing. See (in this American law platform, in relation to immigration courts and judges) Filing a Motion. The filing of a motion to continue does not excuse the appearance of an Alien (person who is not a citizen or national of the United States) or representative at any scheduled hearing. Therefore, until the motion is granted, parties must appear at all hearings as originally scheduled.

Motion to advance

A request to advance a hearing date (move the hearing to an earlier date) should be made by written motion. Motions to advance are disfavored. Examples of circumstances under which a hearing date might be advanced include:

  • imminent ineligibility for relief, such as a minor Alien (person who is not a citizen or national of the United States) “aging out” of derivative status
  • a health crisis necessitating immediate action by the Immigration Judge.

A motion to advance should completely articulate the reasons for the request and the adverse consequences if the hearing date is not advanced. The motion should be filed with a cover page labeled “MOTION TO ADVANCE” and comply with the deadlines and requirements for filing. See (in this American law platform, in relation to immigration courts and judges) Filing a Motion.

Motion to change venue

A request to change venue should be made by written motion. The motion should be supported by documentary evidence. See (in this American law platform, in relation to immigration courts and judges) Evidence. The motion should contain the following information:

  • the date and time of the next scheduled hearing
  • an admission or denial of the factual allegations and charge(s) in the Notice to Appear (Form I-862)
  • a designation or refusal to designate a country of removal
  • if the Alien (person who is not a citizen or national of the United States) will be requesting relief from removal, a description of the basis for eligibility
  • the address and telephone number of the location at which respondent will be residing if the motion is granted
  • if the address at which the Alien (person who is not a citizen or national of the United States) is receiving mail has changed, a properly completed Alien’s Change of Address Form (Form EOIR-33/IC)
  • a detailed explanation of the reasons for the request.

See generally Matter of Rahman, 20 I&N Dec. 480 (BIA 1992), 8 C.F.R. § 1003.20. The motion should be filed with a cover page labeled “MOTION TO CHANGE VENUE,” accompanied by a proposed order for change of venue, and comply with the deadlines and requirements for filing. See (in this American law platform, in relation to immigration courts and judges) Filing a Motion. The filing of a motion to change venue does not excuse the appearance of an Alien (person who is not a citizen or national of the United States) or representative at any scheduled hearing. Therefore, until the motion is granted, parties must appear at all hearings as originally scheduled.

Motion for substitution of counsel

See Change in representation.

Motion to withdraw as counsel

See Change in representation).

Motion for extension

See Motions for extensions of filing deadlines.

Motion to accept an untimely filing

See Untimely filings.

Motion for closed hearing

See Public Access.

Motion to waive representative’s appearance

See Master Calendar Hearing.

Motion to waive respondent’s appearance

See Master Calendar Hearing.

Motion to permit telephonic appearance

See Master Calendar Hearing.

Motion to request an interpreter

See Master Calendar Hearing.

Motion for video testimony

See Master Calendar Hearing.

Motion to present telephonic testimony

See Master Calendar Hearing.

Motion for subpoena

See Subpoenas.

Motion for consolidation

See Combining and Separating Cases.

Motion for severance

See Combining and Separating Cases.

Motion to stay removal or deportation

See Stays.

Motions in disciplinary proceedings

Motions in proceedings involving the discipline of an attorney or representative are discussed in Discipline of Practitioners (see).

Motion to recalendar

When proceedings have been administratively closed and a party wishes to reopen the proceedings, the proper motion is a motion to recalendar, not a motion to reopen. A motion to recalendar should provide the date and the reason the case was closed. If available, a copy of the closure order should be attached to the motion. The motion should be filed with a cover page labeled “MOTION TO RECALENDAR” and comply with the requirements for filing. See (in this American law platform, in relation to immigration courts and judges) Filing a Motion. To ensure that the Immigration Court has the alien’s current address, an Alien’s Change of Address Form (EOIR-33/IC) should be filed with the motion. Motions to recalendar are not subject to time and number restrictions.

Motion to amend

The Immigration Judge entertains motions to amend previous filings in limited situations (e.g., to correct a clerical error in a filing). The motion should clearly articulate what needs to be corrected in the previous filing. The filing of a motion to amend does not affect any existing motion deadlines. The motion should be filed with a cover page labeled “MOTION TO AMEND” and comply with the requirements for filing. See (in this American law platform, in relation to immigration courts and judges) Filing a Motion.

Other types of motions

The Immigration Court entertains other types of motions as appropriate to the facts and law of each particular case, provided that the motion is timely, is properly filed, is clearly captioned, and complies with the general motion requirements. See (in this American law platform, in relation to immigration courts and judges) Filing a Motion.

Other Motions (distinct to Reopen In Absentia Orders) in relation to Immigration Courts

(information based on the DoJ Manual)

Motion to continue

A request for a continuance of any hearing should be made by written motion. Oral motions to continue are discouraged. The motion should set forth in detail the reasons for the request and, if appropriate, be supported by evidence. See (in this American law platform, in relation to immigration courts and judges) Evidence. It should also include the date and time of the hearing, as well as preferred dates that the party is available to re-schedule the hearing. However, parties should be mindful that the Immigration Court retains discretion to schedule continued cases on dates that the court deems appropriate. The motion should be filed with a cover page labeled “MOTION TO CONTINUE” and comply with the deadlines and requirements for filing. See (in this American law platform, in relation to immigration courts and judges) Filing a Motion. The filing of a motion to continue does not excuse the appearance of an Alien (person who is not a citizen or national of the United States) or representative at any scheduled hearing. Therefore, until the motion is granted, parties must appear at all h
earings as originally scheduled.

Motion to advance

A request to advance a hearing date (move the hearing to an earlier date) should be made by written motion. Motions to advance are disfavored. Examples of circumstances under which a hearing date might be advanced include:

  • imminent ineligibility for relief, such as a minor Alien (person who is not a citizen or national of the United States) “aging out” of derivative status
  • a health crisis necessitating immediate action by the Immigration Judge.

A motion to advance should completely articulate the reasons for the request and the adverse consequences if the hearing date is not advanced. The motion should be filed with a cover page labeled “MOTION TO ADVANCE” and comply with the deadlines and requirements for filing. See (in this American law platform, in relation to immigration courts and judges) Filing a Motion.

Motion to change venue

A request to change venue should be made by written motion. The motion should be supported by documentary evidence. See (in this American law platform, in relation to immigration courts and judges) Evidence. The motion should contain the following information:

  • the date and time of the next scheduled hearing
  • an admission or denial of the factual allegations and charge(s) in the Notice to Appear (Form I-862)
  • a designation or refusal to designate a country of removal
  • if the Alien (person who is not a citizen or national of the United States) will be requesting relief from removal, a description of the basis for eligibility
  • the address and telephone number of the location at which respondent will be residing if the motion is granted
  • if the address at which the Alien (person who is not a citizen or national of the United States) is receiving mail has changed, a properly completed Alien’s Change of Address Form (Form EOIR-33/IC)
  • a detailed explanation of the reasons for the request.

See generally Matter of Rahman, 20 I&N Dec. 480 (BIA 1992), 8 C.F.R. § 1003.20. The motion should be filed with a cover page labeled “MOTION TO CHANGE VENUE,” accompanied by a proposed order for change of venue, and comply with the deadlines and requirements for filing. See (in this American law platform, in relation to immigration courts and judges) Filing a Motion. The filing of a motion to change venue does not excuse the appearance of an Alien (person who is not a citizen or national of the United States) or representative at any scheduled hearing. Therefore, until the motion is granted, parties must appear at all hearings as originally scheduled.

Motion for substitution of counsel

See Change in representation.

Motion to withdraw as counsel

See Change in representation).

Motion for extension

See Motions for extensions of filing deadlines.

Motion to accept an untimely filing

See Untimely filings.

Motion for closed hearing

See Public Access.

Motion to waive representative’s appearance

See Master Calendar Hearing.

Motion to waive respondent’s appearance

See Master Calendar Hearing.

Motion to permit telephonic appearance

See Master Calendar Hearing.

Motion to request an interpreter

See Master Calendar Hearing.

Motion for video testimony

See Master Calendar Hearing.

Motion to present telephonic testimony

See Master Calendar Hearing.

Motion for subpoena

See Subpoenas.

Motion for consolidation

See Combining and Separating Cases.

Motion for severance

See Combining and Separating Cases.

Motion to stay removal or deportation

See Stays.

Motions in disciplinary proceedings

Motions in proceedings involving the discipline of an attorney or representative are discussed in Discipline of Practitioners (see).

Motion to recalendar

When proceedings have been administratively closed and a party wishes to reopen the proceedings, the proper motion is a motion to recalendar, not a motion to reopen. A motion to recalendar should provide the date and the reason the case was closed. If available, a copy of the closure order should be attached to the motion. The motion should be filed with a cover page labeled “MOTION TO RECALENDAR” and comply with the requirements for filing. See (in this American law platform, in relation to immigration courts and judges) Filing a Motion. To ensure that the Immigration Court has the alien’s current address, an Alien’s Change of Address Form (EOIR-33/IC) should be filed with the motion. Motions to recalendar are not subject to time and number restrictions.

Motion to amend

The Immigration Judge entertains motions to amend previous filings in limited situations (e.g., to correct a clerical error in a filing). The motion should clearly articulate what needs to be corrected in the previous filing. The filing of a motion to amend does not affect any existing motion deadlines. The motion should be filed with a cover page labeled “MOTION TO AMEND” and comply with the requirements for filing. See (in this American law platform, in relation to immigration courts and judges) Filing a Motion.

Other types of motions

The Immigration Court entertains other types of motions as appropriate to the facts and law of each particular case, provided that the motion is timely, is properly filed, is clearly captioned, and complies with the general motion requirements. See (in this American law platform, in relation to immigration courts and judges) Filing a Motion.


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