Motion Venue Change Instruction Booklet

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The documents provide templates and instructions for asylum seekers to file a Motion to Change Venue to move their immigration court to a location closer to where they live. A Motion to Change Venue requests to transfer an immigration case to a different court location.

A Motion to Change Venue is a request filed with the immigration court to change the location of an individual's immigration court proceedings to one closer to where they currently live. If granted, it allows an asylum seeker to have their case heard at an immigration court nearer to their new place of residence.

A Motion to Change Venue package should include: a completed Form EOIR-33 for each person in the case, a cover letter explaining the reason for the requested change, proof of the new address, a proposed order from the immigration judge, and proof that the other party (DHS) was served a copy.

Motion to Change Venue

Template
The Asylum Seeker Advocacy Project (ASAP) prepared this template
in 2022 to assist asylum seekers who are interested in filing Motions to
Change Venue. A Motion to Change Venue is a request to change your
immigration court to one that is closer to where you live.

Your Motion to Change Venue package should include:


1. Form EOIR-33. You need to include a separate Form EOIR-33
for yourself and each family member included in your case.
2. Cover page and explanation of why you need to move your
immigration court.
3. Proof of your new address.
4. Proposed order of the immigration judge.
5. Proof of service.

Your Motion to Change Venue package must be in English!

For more instructions, including blank documents to fill out, visit:


asapmbr.us/change-venue.

We hope that this resource will be useful to asylum seekers with cases
in immigration court. However, it is not intended to be legal advice. To
search for a lawyer, visit asapmbr.us/find-help.
U.S. Department of Justice
Executive Office for Immigration Review Change of Address/Contact Information Form
Immigration Court
Instructions: To complete this form, fill out all blanks below, including proof of service, which certifies that you will provide a copy of this form to the
Department of Homeland Security (DHS). After filling in the blanks and signing both the declaration and proof of service, you must submit the form
electronically, in person, or by mail. If submitting electronically, file in Respondent Portal at https://respondentaccess.eoir.justice.gov. Attorneys and fully
accredited representatives submitting this form electronically must file in Case Portal at https://portal.eoir.justice.gov. If submitting by mail, follow the
mailing instructions on Page 2. You must submit a separate copy of this form for each individual who has a case pending in immigration court and whom
the change of information affects.
You must file this form with the immigration court within five working days of the change to your contact information, or your receipt of a charging document (e.g., a
Notice to Appear) with incorrect contact information. The immigration court will send all official correspondence (e.g., notices, decisions) to the address you provide.
The immigration court will only make any change(s) to your contact information in EOIR’s records upon receipt of this form; the immigration court will not change
your contact information based on different information on pleadings, motions, or other communications with the court.
If you fail to appear at any hearing before an immigration judge when notice of that hearing or other official correspondence was served on you or sent to the address
you provided, DHS may take you into custody. In addition, the immigration court may conduct your hearing in your absence and enter an order of removal,
deportation, or exclusion against you. If the court enters such an order, you may be ineligible for certain forms of relief from removal under the Immigration and
Nationality Act as follows:
• If you are in removal proceedings: You will be subject to an order of removal for a period of ten years after the date of entry of the final order. You may also become
ineligible for voluntary departure, cancellation of removal, and adjustment of status or change of status.
• If you are in deportation proceedings: You will be subject to an order of deportation for a period of five years after the date of the entry of the final order. You may
also become ineligible for voluntary departure, suspension of deportation or voluntary departure, and adjustment of status or change of status.
• If you are in exclusion proceedings: Your application for admission to the United States may be considered withdrawn.

Name - Last, First, Middle, Suffix (if applicable): A-Number:


Write your name here (last name, first name, middle name) Write your A Number here

My FORMER address and phone number were: My CURRENT address and phone number are:

You can leave this blank You can leave this blank
“In care of” other person (if any) “In care of” other person (if any)
Write your old address here Write your new address here
Number; Street; Apartment (if any) Number; Street; Apartment (if any)
Write your old city, state, and zip code here Write your new city, state, and zip code
City, State, and ZIP Code; Country (if other than U.S.) hereState, and ZIP Code; Country (if other than U.S.)
City,
Write your phone number here Write your phone number here
Phone Number (include country code if other than U.S.) Phone Number (include country code if other than U.S.)
Write your email address here Write your email address here
Email Address Email Address

I declare under penalty of perjury, pursuant to 28 U.S.C. § 1746, that I am the person named above associated with the A-Number
listed above, and that the information contained in this form is true and correct to the best of my knowledge.
Write the date here
X Sign here mm/dd/yyyy
SIGN HERE
Signature Date

Write your full name here PROOF OF SERVICE


I, , provided a copy of this Change of Address Form on, Write the date here, to the
(Name) (date)

Office of the Principal Legal Advisor for DHS Immigration and Customs Enforcement-ICE at:
Write the address of the government attorney here, and how you are going to send your document to them.
(Indicate if electronic/email service, or in-person or mail service (provide Number and Street, City, State, ZIP Code))

By signing, I agree to provide a copy of this Change of Address Form to the Office of the Principal Legal Advisor for DHS
Immigration and Customs Enforcement-ICE at the location I selected above. I understand that I can provide DHS with a copy either
electronically through the DHS eService portal (register at https://eserviceregistration.ice.gov), or by mail or personal delivery.

SIGN HERE X Sign here


Revised November 2021
SERVICE INSTRUCTIONS
1. Provide a copy of the completed form to the DHS ICE Office of the Principal Legal Advisor (OPLA) per the method
you specified in the PROOF OF SERVICE above. Copies provided electronically can be done through DHS ICE
eService Portal, located at https://eserviceregistration.ice.gov. Addresses for DHS ICE OPLA Field Locations where
copies can be mailed or delivered in-person are available online at https://www.ice.gov/contact/legal. Failure to
comply with these requirements may result in EOIR rejecting the filing.
2. To mail the form to the immigration court, fold the page at the dotted lines marked “Fold Here” so that the address is
visible. (Important: Ensure the address section is visible after you fold the page.)
3. Staple, or otherwise secure, the folded form along the open end marked “Fasten Here.”
4. Place appropriate postage stamp in the area marked “Place Stamp Here.”
5. Write your return address in the area marked “PUT YOUR ADDRESS HERE.”
6. Mail the original form to the immigration court.

Fold Here

PUT YOUR ADDRESS HERE


Write your new address here Place
Put a stamp here Stamp
Here

U.S. Department of Justice


Executive Office for Immigration Review
Immigration Court
Make sure that this shows
333 S. Miami Avenue
the address for your Suite 700
current immigration court Miami, FL 33130

Fold Here

Privacy Act Notice

The information on this form is required by 8 U.S.C. § 1229(a)(1)(F)(ii) and 8 C.F.R § l003.15(d)(2) in order to notify EOIR’s immigration
court of any change(s) of address or phone number. The information you provide is mandatory. Failure to provide the requested information
limits the notification you will receive and may result in adverse consequences noted above. EOIR may share this information with others in
accordance with approved routine uses described in EOIR’s system of records notice EOIR–001, Records and Management Information
System, and EOIR-003, Practitioner Complaint-Disciplinary Files.

Fasten Here
Revised November 2021
Write your full name here
Your Name:

Your Address: Write your new address here

_______________________________

UNITED STATES DEPARTMENT OF JUSTICE


EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRATION COURT

Write the city and state of your current immigration court


City and State:________________________

In the Matters of:


Write your full name here Write your A Number here
File No.: A
(Your Name) (your alien registration number)

Write your child or spouse’s full name here Write your child or spouse’s A Number here
___________________________ A____________________
(Name)

Write your child’s full name here Write your child’s A Number here
___________________________ A____________________
(Name)

________________________________________/ *Only include this part if you have a spouse or


children included in your immigration court case

Write the name of


your immigration Write the date of your
judge here next hearing here
Immigration Judge: Next Hearing Date:

PRO SE
MOTION TO
CHANGE VENUE
RESPONDENT’S MOTION TO CHANGE VENUE

Write your full name here


Now comes Respondent, (Name), and moves this
Honorable Court to change the venue of his/her removal proceedings
Write the city and state of your
current immigration court
from: (city and state where case currently is)
Write the city and state of the
court near your new address
to: (city and state where you want your case moved). I

seek this change of venue pursuant to 8 CFR § 1003.20.

In support of this motion, I state as follows:

Explain that you have moved. Request to move your case from your
current immigration court to an immigration court near your new address.
You can also explain why it would be difficult for you to go back to your
current immigration court for your hearing.

If your spouse or children are included in your case, you can write here,
“My spouse/children (full names and A-number) are derivatives in my case,
and they are included in this motion.”

Some immigration judges may require you to “concede allegations” before


they agree to change your court. “Conceding allegations” means that you
have read your Notice to Appear (NTA) and you agree with what is written
there. However, conceding allegations may not be the best decision for
everyone – visit asapmbr.us/moving-traveling to learn more.

If you agree with all of the statements in your Notice to Appear, you can
write here “I concede the allegations in the Notice to Appear”.

Respectfully submitted,
Write the date here
Write your full name here mm/dd/yyyy
Dated:
Name
Place proof of your
new address here.

For example, you can include a copy of utility bill, rental


agreement, or document from your child’s new school.
The document should show your name and new address.

If you do not have any other proof, you can ask for a
letter from someone who lives with you at
your new address. You should also include a copy of
their ID and proof of address. See next page for an
example with instructions.
To Whom it May Concern:

Write full name of the person completing this letter here


My name is ____________________________________________.
Relationship (example: brother) Write full name
I am the ______________________ of _______________________.
Write full name
I am writing to confirm that _________________________________
Write new address
lives with me at __________________________________________
Date that you started living together
and has lived with me since ________________________________.

Please find a copy of my ID and proof of my address attached.

Thank you.

Signature of the person completing this letter


__________________________

Signature

Date
_________________________

Date
Place a copy of
identification for the person
who completed the letter
here.
Place a copy of proof of
address for the person who
completed the letter
here.
United States Department of Justice
Executive Office for Immigration Review
Immigration Court

Write the city and state of your current immigration court


[the court’s location (city or town) and state]

Write your full name here Write your A Number here


In the Matter of: Alien Number:
[the respondent’s name] [the respondent’s alien number]

ORDER OF THE IMMIGRATION JUDGE

Upon consideration of the respondent’s Motion to Change Venue, it is HEREBY


ORDERED that the motion be □ GRANTED □ DENIED because:

□ DHS does not oppose the motion.


□ The respondent does not oppose the motion.
□ A response to the motion has not been filed with the court.
□ Good cause has been established for the motion.
□ The court agrees with the reasons stated in the opposition to the motion.
□ The motion is untimely per .
□ Other:

Deadlines:
□ The application(s) for relief must be filed by .
□ The respondent must comply with DHS biometrics instructions by .

Date Immigration Judge

Certificate of Service
This document was served by: [ ] Mail [ ] Personal Service
To: [ ] Alien [ ] Alien c/o Custodial Officer [ ] Alien’s Atty/Rep [ ] DHS
Date: By: Court Staff

Leave this part blank


Write your full name here
(Name of alien or aliens)

Write your A Number here

(“Alien number” of alien or aliens)

PROOF OF SERVICE
Write the date here Write your full name here
On , I, ,
(date) (printed name of person signing below)

served a copy of this Motion to Change Venue,


Write “Office of the Principal Legal Advisor for DHS – ICE” here
and any attached pages to
(name of party served)
Write the address of the government attorney here
at the following address:
(address of party served)
Write how you are going to send a copy to the government attorney. For example, “USPS priority mail.”
by .
(method of service, for example overnight courier, hand-delivery, first class mail)

Write the date here


Sign here mm/dd/yyyy

(signature) (date)

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