View Full Version : motion to change venue
raezero
07-17-2008, 12:54 PM
Does anyone know how to submit a motion to change venue
dianna832
07-17-2008, 06:10 PM
Hey!! Im glad to see that your hubby was released!! Hope you guys continue to fight for him to stay in the country.
Just one question. What did you sign when you went to post the bond? At the time I went to pick up my honey, the IO gave me papers to sign and one of them was the change of venue.
Here are some Q&A i found on some websites:
Q: How do I ask for a change of venue?
A: If you move out of state, you or your legal representative may request a "Change of Venue" from the Immigration Judge. However, until the Immigration Judge grants your request, you are required to appear at all scheduled hearings before the court. You or your legal representative should file a written motion for change of venue as early as possible in advance of the scheduled hearing. You or your legal representative may make inquiries to the court about whether or not the change of venue has been decided.
Change of Venue: The immigration court may transfer your case to an immigration court near
your home if you ask it do so. If you are detained, however, it is much more difficult to obtain a
change in venue. The factors the judge will consider are:
* Nature of the evidence and its importance to your claim: If you are eligible for some
form of relief from removal and the evidence you need to support your claim such as
witnesses or official records are in another state and cannot otherwise be obtained by you,
you will have a better chance of having your case transferred;
* The number of prior continuances in the case. The earlier you request a change in
venue, the better your chance. If there have already been a number of court dates the
court is less likely to grant your request
Are you guys using a lawyer?? If not, I would really recommend you doing so! I know a couple here in Nash. that we have used.
raezero
07-19-2008, 12:21 AM
No, we are not using an attorney
who all do you know?
r
raezero
07-27-2008, 01:54 PM
Well, I decided to put together and file the Motion to Change Venue myself. I followed the new rules of the EOIR's Immigration Manual. I sent the original to the judge in Oakdale and then a copy to the office of counsel for ICE. The court called and has extended our Master Hearing for August 18th while they review the Motion. I will let you know how it goes-
hopeful21
09-11-2008, 10:04 PM
My lawyer applied for a change of venue from Buffalo, NY to San Francisco, CA (where I have been living for the last 3 years). The IJ denied it at first, and we had to fly to Buffalo for my first court hearing in 08/08. It cost me about $3000 for flights and hotel for my husband, my lawyer and me. The court session lasted for about 10 mins, with another date scheduled for 01/09. The IJ said he would consider the change of venue again, so we basically sent everything again. I am just praying he approves it now. I Cannot afford to keep traveling back and forth from NY to CA.
Daniel Green
09-19-2008, 08:21 PM
If DHS does not oppose your motion, the IJ will probably grant it.
-Dan
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