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Change of Venue - How to change the location of your Immigration Court

Posted by Arturo A. Burga | Oct 08, 2019 | 0 Comments

If you are in removal proceedings, it is because you were issued a Notice to Appear (NTA) in Immigration Court. The Immigration Court location, where you'll be required to appear, is based on the address you provided to the Department of Homeland Security (DHS) or Immigration and Customs Enforcement (ICE). Depending on your address, there is an Immigration Court that has the authority to hear your case. However, there are some circumstances where you want to change this location through a Change of Venue.

I JUST GOT RELEASE FROM IMMIGRATION CUSTODY, BUT I AM LIVING IN A DIFFERENT STATE FROM MY IMMIGRATION COURT.

People who are caught trying to enter the United States without inspection are issued NTA's to appear in the Immigration Court where they are being detained. Once released they are ordered to appear in the non-detained court that belongs to that area. For example, Marlon, a Salvadorian immigrant, gets caught trying to enter the country without inspection by the Border Patrol (BP) in Texas. Marlon is then transferred to ICE custody in San Antonio, Texas. The Immigration Judges grants Marlon a bond gets released from custody and is ordered to appear at the Immigration Court in San Antonio, Texas. Marlon's family, who live in California pick him up from Texas and take him to their home. Marlon still must appear in San Antonio Immigration Court for his court date or else he could be deported in absentia. What can Marlon do at this point? Pay for a plane ticket and travel expenses to go to San Antonio, Texas every time he has court? What is the best solution for this situation?

The Immigration Court Manual allows for a Motion to Change Venue. This motion enables people in removal proceedings to change the location of their Immigration Court to the nearest one. The motion to change venue can be filed in Immigration Court asking the Immigration Judge to change their court location.

I HAVE AN IMMIGRATION COURT DATE COMING UP, BUT I MOVED TO A DIFFERENT STATE.

If you have a pending or ongoing case with Immigration Court and you decide to move to another state, you can file a Motion to Change Venue. This motion should be filed as soon as possible to avoid missing your upcoming court hearing.

Before you decide to move, we urge you to speak with a competent Immigration Attorney. At Burga Law Firm PC, we will review your case and advise you on the effects of moving your case to another state. Immigration laws are very complex, and the outcome of your case may be affected depending on the location of your case.

If you have more questions about changing your court location through a Motion to Change Venue, then give us a call (909) 660-7675 or send us your question in the form below!

About the Author

Arturo A. Burga

FOUNDER Arturo Angel Burga Mr. Burga began his solo practice in 2011. Since then he has grown to become a top-rated lawyer in his field. He was ranked as a Top Lawyer by Inland Empire Magazine and most recently was an invited as a speaker at the American Immigration Lawyers Association (AILA) A...

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