How to Transfer an Immigration Case
- 1). Establish a new address in the jurisdiction of the immigration court to which you are petitioning to change your case venue. The court will not grant a change of venue petition, unless you can prove your new address with documentary evidence, such as bills you receive at the new address.
- 2). Write your petition following the guidelines set forth in the Immigration Court Practice Manual. This requires your petition to contain the following information: the date of your next scheduled hearing, a response to the factual allegations and charge(s) in the Form I-862 Notice to Appear, a designation or refusal to designate a country of removal with a description of basis for refusal if applicable, your new address and telephone number, a completed Form EOIR-33/IC Alien's Change of Address and a detailed explanation of the reasons for your requesting the change of venue. The PAIR (Political Asylum/Immigration Representation) Project provides a sample petition on which you can base the formatting.
- 3). Create a cover page based on the same cover page provided in Appendix F of the Immigration Court Practice Manual. It must include your name and address, your detention status, the name and type of proceeding, the immigration court location and state, your alien registration number, the name of the judge assigned to your case, the date and time of your next scheduled hearing and the filing title, which in this case should be "Respondent's Motion to Change Venue."
- 4). Submit your motion to the immigration court that is currently assigned your case, not the one to where you are petitioning to move it. Keep in mind that, although you have filed your motion, you still must appear at any scheduled hearings in the original court, until and unless the motion to change venue is granted.
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