Ch 5-Motions before the Immigration Court - AILA webCLE

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Immigration Court Chapter 5 Practice Manual Motions before the Immigration Court to appear was through no fault of the alien, the motion may be filed at any time. See INA § 240(b)(5)(C), 8 C.F.R. § 1003.23(b)(4)(ii). (C) Responses. — Responses to motions to reopen to rescind in absentia orders are due within fifteen (15) days after the motion was received by the Immigration Court, unless otherwise specified by the Immigration Judge. (iii) Number limits. — The alien is permitted to file only one motion to reopen to rescind an in absentia order. 8 C.F.R. § 1003.23(b)(4)(ii). (iv) Automatic stay. — The removal of the alien is automatically stayed pending disposition by the Immigration Judge of the motion to reopen to rescind an in absentia order in removal proceedings. See INA § 240(b)(5)(C), 8 C.F.R. § 1003.23(b)(4)(ii). 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 F (Sample Cover Page). The filing of a motion to continue does not excuse the appearance of an alien or representative 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. 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 “aging out” of derivative status updates: www.usdoj.gov/eoir 96 this page last revised: April 1, 2008
Immigration Court Chapter 5 Practice Manual Motions before the Immigration Court " 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 Chapter 5.2 (Filing a Motion), Appendix F (Sample Cover Page). (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 " 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 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 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” and comply with the deadlines and requirements for filing. See Chapter 5.2 (Filing a Motion), Appendix F (Sample Cover Page). The filing of a motion to change venue does not excuse the appearance of an alien or representative at any scheduled hearing. Therefore, until the motion is granted, parties must appear at all hearings as originally scheduled. updates: www.usdoj.gov/eoir 97 this page last revised: June 13, 2008
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Page 17 and 18: MOTIONS 127 I. Motions Before Entry
Page 19 and 20: MOTIONS 129 6. The exclusionary rul
Page 21 and 22: MOTIONS 131 D. MOTION TO WITHDRAW A
Page 23 and 24: MOTIONS 133 6. The convenience of c
Page 25 and 26: MOTIONS 135 5. A motion to reconsid
Page 27 and 28: MOTIONS 137 cretion to deny reopeni
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Page 33 and 34: MOTIONS 143 that prejudice must be
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Page 58 and 59: Attachment A The following suggesti
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356 IMMIGRATION PRACTICE POINTERS,
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