5.10 - Other Motions

(a) 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 Chapter 5.2(e) (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 Chapter 5.2 (Filing a Motion), Appendix E (Cover Pages).

The filing of a motion to continue does not excuse the appearance of an alien or practitioner of record at any scheduled hearing. Therefore, until the motion is granted, parties must appear at all hearings as originally scheduled.

(b) Motion to Advance -

A request to advance a hearing date (move the hearing to an earlier date) should be made by written motion. A motion to advance should completely articulate the reasons for the request. The motion should be filed with a cover page labeled “MOTION TO ADVANCE” and comply with the deadlines and requirements for filing. See Chapter 5.2 (Filing a Motion), Appendix E (Cover Pages).

(c) Motion to Change Venue -

A request to change venue should be made by written motion. The motion should be supported by documentary evidence. See Chapter 5.2(e) (Evidence). The motion should contain the following information:

the date and time of the next scheduled hearing
a fixed street address where the alien may be reached for further hearing notification
if the address at which the alien is receiving mail has changed, a properly completed change of address form (Form EOIR33/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 Chapter 5.2 (Filing a Motion), Appendix E (Cover Pages). The motion should demonstrate good cause for the change in venue, and any grant or denial of such a motion is within the discretion of the Immigration Judge. 8 C.F.R. § 1003.20(b); Matter of Rivera, 19 I&N Dec. 688 (BIA 1988).

The filing of a motion to change venue does not excuse the appearance of an alien or practitioner of record at any scheduled hearing. Therefore, until the motion is granted, parties must appear at all hearings as originally scheduled.

(d) Motion for Substitution of Counsel

See Chapter 2.1(b)(3) (Change in Representation).

(e) Motion to Withdraw as Counsel

See Chapter 2.3(b)(3) (Change in Representation).

(f) Motion for Extension

See Chapter 3.1(c)(4) (Motions for extensions of filing deadlines).

(g) Motion for Master Calendar Hearing

See Chapter 3.1(c)(5) (Motions for master calendar hearing).

(h) Motion to Accept an Untimely Filing –

See Chapter 3.1(d)(2) (Untimely filings).

(i) Motion for Closed Hearing

See Chapter 4.9 (Public Access).

(j) Motion to Waive Practitioner of Record’s Appearance