Ch 5-Motions before the Immigration Court - AILA webCLE

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Immigration Court Chapter 5 Practice Manual Motions before the Immigration Court (d) Motion for substitution of counsel. — See Chapter 2.3(i)(Change in representation). (e) Motion to withdraw as counsel. — See Chapter 2.3(i) (Change in representation). (f) Motion for extension. — See Chapter 3.1(c)(iv) (Motions for extensions of filing deadlines). (g) Motion to accept an untimely filing. — See Chapter 3.1(d)(ii) (Untimely filings). (h) Motion for closed hearing. — See Chapter 4.9 (Public Access). (i) Motion to waive representative’s appearance. — See Chapter 4.15 (Master Calendar Hearing). (j) Motion to waive respondent’s appearance. — See Chapter 4.15 (Master Calendar Hearing). (k) Motion to permit telephonic appearance. — See Chapter 4.15 (Master Calendar Hearing). (l) Motion to request an interpreter. — See Chapter 4.15 (Master Calendar Hearing). (m) Motion for video testimony. — See Chapter 4.15 (Master Calendar Hearing). (n) Motion to present telephonic testimony. — See Chapter 4.15 (Master Calendar Hearing). (o) Motion for subpoena. — See Chapter 4.20 (Subpoenas). (p) Motion for consolidation. — See Chapter 4.21 (Combining and Separating Cases). (q) Motion for severance. — See Chapter 4.21 (Combining and Separating Cases). (r) Motion to stay removal or deportation. — See Chapter 8 (Stays). updates: www.usdoj.gov/eoir 98 this page last revised: April 1, 2008
Immigration Court Chapter 5 Practice Manual Motions before the Immigration Court (s) Motions in disciplinary proceedings. — Motions in proceedings involving the discipline of an attorney or representative are discussed in Chapter 10 (Discipline of Practitioners). (t) 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 Chapter 5.2 (Filing a Motion), Appendix F (Sample Cover Page). 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. (u) 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 Chapter 5.2 (Filing a Motion), Appendix F (Sample Cover Page). (v) 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 Chapters 5.2 (Filing a Motion), Appendix F (Sample Cover Page). 5.11 Decisions Immigration Judges decide motions either orally at a hearing or in writing. If the decision is in writing, it is generally served on the parties by regular mail. 5.12 Effect of Departure An alien’s departure, deportation, or removal from the Untied States while a motion to reopen or a motion to reconsider is pending constitutes withdrawal of the motion. 8 C.F.R. § 1003.23(b)(1). updates: www.usdoj.gov/eoir 99 this page last revised: April 1, 2008
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