Changing Venue in Immigration Court Proceedings
Often, individuals who are in removal proceedings move their residence while their cases are still pending, especially because removal proceedings are frequently initiated in the area where an individual first resides or is apprehended after crossing the border, which is not always where they end up living. It is very important individuals in removal proceedings to ensure that their address is always up-to-date with Immigration Court. This alone, however, does not mean that their case will be transferred to an Immigration Court that is located closer to their new residence. Instead, a Motion to Transfer Venue needs to be filed with the Court in order to request that the case be transferred to the Court closest to the individual’s new residence.
While requests to change the venue of the immigration court proceedings are frequently granted, the Immigration Judges have broad discretion in choosing whether or not to grant such requests. Even if traveling to an Immigration Court far across the country would present a serious hardship, the Immigration Judge in any given case may choose to deny a request to transfer venue and require that the requesting individual travel to attend their hearing in-person.
If you are interested in learning more about removal proceedings, Motions to Change Venue, or other immigration law topics, contact Tanner Law Offices at (717) 731-8114 to schedule a consultation with one of our attorneys.