Motions in Immigration Court
At various points in your asylum representation, you may need to file a procedural motion with the immigration court. This might be a Motion for a Continuance if you need to request a later hearing date; a Motion for Telephonic Appearance or Telephonic Testimony; or a Motion to Accept Late-Filed Evidence.
On this page you will find sample motions that you can use and adapt. As always, make sure to consult the Immigration Court Practice Manual for detailed instructions on formatting and submission of motions.
Please note that motions filed via eCAS do not require a proposed order or certificate of service in the document. Please consult with your mentor for more information.
Sample Motions to Reopen in Immigration Court Flowchart
This flowchart outlines several bases for a Motion to Reopen along with the related costs, filing deadlines, and effect on removal proceedings. Links to sample motions, relevant statutes, and practice pointers throughout the flow chart provide additional information.
Sample Motion to Withdraw as Counsel
A sample motion to withdraw as counsel for a client who was released from detention while his removal case was pending.
Sample Motion to Substitute Counsel
A sample motion to substitute counsel for a pro bono attorney taking over a case from a prior attorney.
Sample Motion to Convert Individual Hearing to Master Calendar
A motion requesting that an individual hearing be converted to a master calendar hearing, to give the asylum seeker and attorney more time to prepare the case.
Sample Motion to Extend Filing Deadline
A sample motion to request that the filing deadline for supporting documents be extended.
Motion for Untimely Filing
A sample motion to use to request that the court accept an untimely filing of evidence. As always, make sure to consult the Immigration Court Practice Manual for formatting and procedural requirements for motions.
Motion for Continuance
A sample motion for a continuance at the Elizabeth, NJ detention center.
Motion for Change of Venue
A sample motion to change venue. If your client is released from detention while her or his case is pending, he or she will need to file a motion to change venue to the immigration court with jurisdiction over her or his new residence.