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Chapter 5 - Motions before the Board

5.9 - Other Motions

(a) Motion to Expedite — See Chapter 6.4 (Expedite Requests).

(b) Motion to Withdraw Appeal — Motions to withdraw an appeal are discussed in Chapter 4.11 (Withdrawing an Appeal). Parties are reminded not to confuse a motion to withdraw an appeal with a motion to remand.  If a party wishes a case returned to the immigration judge for consideration of a newly available form of relief (e.g. adjustment of status), the correct motion is a motion to remand.  In contrast, when a motion to withdraw an appeal is filed, the decision of the immigration judge immediately becomes final as if no appeal had ever been filed.  If an appeal is withdrawn, DHS may remove or deport the respondent, if the immigration judge so ordered.  See Chapters 4.11 (Withdrawing an Appeal)5.8 (Motions to Remand).

(c) Motion to Withdraw as Counsel or Practitioner of Record — See Chapter 2.1(b)(3) (Change in Representation).

(d) Motion to Stay Deportation or Removal — See Chapter 6 (Stays and Expedite Requests).

(e) Motion to Consolidate — See Chapter 4.10 (Combining and Separating Appeals).

(f) Motion to Sever — See Chapter 4.10 (Combining and Separating Appeals).

(g) Motion to Join — See Chapter 4.10 (Combining and Separating Appeals).

(h) Motion to Recalendar — When proceedings have been administratively closed or continued indefinitely and a party wishes to “reopen” those 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 for the case being closed.  If available, a copy of the closure order should be attached to the motion.  Motions to recalendar should be properly filed, clearly captioned, and comply with the general motion requirements.  See Chapter 5.2 (Filing a Motion)Appendix E (Cover Pages).  To ensure that the Board has the respondent’s current address, a Change of Address Form (EOIR‑33/BIA) should also be filed. Motions to recalendar are not subject to time and number restrictions, nor do they require a fee or Fee Waiver Request (Form EOIR-26A).

(i) Motion to Hold in Abeyance — The Board does not normally entertain motions to hold cases in abeyance while other matters are pending (e.g., waiting for a visa petition to become current, waiting for criminal conviction to be overturned).

(j) Motion to Stay Suspension — Motions involving the discipline of a practitioner are discussed in Chapter 11 (Discipline).

(k) Motion to Amend — The Board will entertain a motion to amend a previous filing 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 appeal or motion deadlines.

(l) Other Types of Motions — The Board will entertain other types of motions, as appropriate to the facts and law of each particular case, provided that the motion is properly filed, is clearly captioned, and complies with the general motion requirements.  See Chapter 5.2 (Filing a Motion)Appendix E (Cover Pages).