How to Request a Change of Venue in Immigration Court

If you move to a new city or state after your immigration court case has started, you may need to ask the court to transfer your case. This request is called a motion to change venue. Done correctly, it can reduce travel costs and make it easier to attend hearings. Done incorrectly, it can lead to missed hearings or delays.

Legal Background

Immigration courts are managed by EOIR. A change of venue request is governed by EOIR regulations and the Immigration Court Practice Manual. The court will only grant a transfer for good cause, and you must keep attending hearings unless the judge grants your motion.

When a Change of Venue Makes Sense

Common reasons include:

You moved to a different state and cannot reasonably attend hearings at the current court
You have a new attorney who practices in another jurisdiction
Medical or family circumstances make travel to the current court a hardship

The court evaluates whether the move is genuine, whether the new location has jurisdiction, and whether DHS opposes the request.

Step-by-Step Process

Update your address. File Form EOIR-33 with your current court and serve DHS. This keeps your record current and prevents missed notices.
Prepare a written motion. The motion should explain why you moved, where you now live, and why the new court is appropriate.
Attach proof of residence. Include a lease, utility bill, or other document showing your new address.
Include a proposed order. Many courts expect a one-page order for the judge to sign if the motion is granted.
Serve DHS. Provide a certificate of service showing you sent a copy to the DHS attorney.
Keep attending hearings. The case stays at the current court until the judge signs an order transferring it.

Common Mistakes to Avoid

Missing a hearing while waiting. The court can issue an in absentia removal order if you do not appear.
Failing to update your address. The court will keep sending notices to the old address unless you file Form EOIR-33.
Not providing proof of residence. Judges often deny motions without clear documentation.
Assuming the transfer is automatic. It is not. You must request it and wait for a signed order.

Practical Tips

File early. The closer you are to a hearing date, the less likely the judge is to transfer the case.
Explain the hardship clearly. Judges want specific reasons, not just convenience.
Confirm the new court location. Make sure your new address falls within the new court's jurisdiction.
Keep copies of everything. Maintain proof of filing and proof of service.

When to Get Legal Help

A lawyer can draft a strong motion, coordinate with DHS, and ensure you do not miss deadlines. If your case involves detention, complex relief, or prior missed hearings, professional help is even more important.

Need help preparing a change of venue request? Schedule a consultation to review your options.

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This post provides general information and is not legal advice. Laws can change, and your facts matter.

How to Request a Change of Venue in Immigration Court