Motion to Change Venue in Immigration Court

You moved from Houston to Florida, or from New York to Texas, and your immigration case is still assigned to the court in the city where you used to live. It happens all the time, and there is a formal way to address it: the Motion to Change Venue.

This article is general information, not legal advice. To decide what makes sense in your specific case, talk to a licensed immigration attorney or a Department of Justice (DOJ) accredited representative at a recognized organization.

Your case does not move with you

The first thing to understand is simple: changing your home address does not change your court. The immigration court that holds your file keeps it until an immigration judge decides otherwise.

That means that even if you now live a thousand miles away, your hearings are still scheduled at the original court. If you do not show up, the judge can issue a removal order in absentia, meaning in your absence. That is why this is not something to put off.

Step 1: report your new address on the EOIR-33

Before you think about the motion, take care of the address notice. When you are in proceedings before the immigration court, you must report your new address within 5 days of moving, using Form EOIR-33/IC (if the case is in immigration court) or EOIR-33/BIA (if it is on appeal at the Board of Immigration Appeals).

This notice matters on its own: the court mails hearing notices to the last address it has on file. If you do not update it, you may never hear about a hearing date and miss it without knowing.

Keep two things in mind:

• The EOIR-33 is not a motion to change venue. It only updates your address; the case stays where it is.
• If you also have matters pending with USCIS (for example, a work permit), notify USCIS too, with Form AR-11 or online, within 10 days. They are different agencies and do not automatically share your address.

Step 2: the motion to change venue

If you want the court that covers your new home to handle your case, you have to ask for it in a motion. Change of venue is governed by 8 CFR 1003.20: the judge may grant it for good cause, and in deciding usually weighs factors such as the respondent’s address, the stage of the case, and convenience to the parties.

What the motion usually includes

The formatting and content rules are in the Immigration Court Practice Manual, which is part of the EOIR Policy Manual. The Practice Manual lists what a motion to change venue should contain. In broad terms, it usually includes:

• A cover page in the format the manual requires, with your case details (name and A-number).
• Your full new address and the court you are asking to transfer to.
• The reasons for the change, clearly explained and backed by evidence when possible (lease, utility bills, a letter from your employer).
• In many cases, a response to the charges in the Notice to Appear (the “pleadings”), as the manual describes for your situation.
• A proposed order for the judge, if the court uses one.
• The Certificate of Service.

Check the current version of the manual before you file, because the requirements can be updated.

The Certificate of Service to DHS

Every motion you file with the court must also be served on the other party: the Department of Homeland Security (DHS), through ICE’s Office of the Principal Legal Advisor (OPLA). The Certificate of Service is your statement that you sent a copy to DHS, and a motion without one may be rejected.

How to find the new court’s address

EOIR publishes the list of immigration courts with their addresses. Use it to identify which court covers your new home and to write its name correctly in the motion. Also look up the OPLA office that handles your current court, since that is where the motion is served.

Step 3: keep attending your current court

This is where many people go wrong. Filing the motion does not transfer the case. Until the judge grants it in writing, your hearing stays at the original court, and you must appear there on the date and time scheduled, unless the court notifies you otherwise.

A few practical tips:

• File the motion as early as you can, not a few days before the hearing.
• Keep a copy of everything you file and of your proof of mailing.
• If your hearing is coming up and there is still no decision, plan the trip.

Step 4: confirm the outcome with EOIR

Once the judge decides, the court will mail the order to the address it has on file. You can also check your case status in EOIR’s Automated Case Information system, ACIS, or by phone at 1-800-898-7180, using your 9-digit A-number. If the change was granted, the new court should show up there and, once it is assigned, the new hearing date.

If what you see does not match what you were told, contact the court or a legal representative. We walk through the process step by step in how to check your immigration court case with EOIR.

When it makes sense to talk to an attorney

A motion to change venue looks like a simple filing, but some situations deserve an immigration attorney’s review:

• Your hearing is only a few days away.
• You already have an individual (merits) hearing scheduled.
• You are detained or have a criminal record.
• The motion includes responding to the charges in the Notice to Appear, because what you admit or deny has consequences for your case.
• The judge already denied an earlier motion.

How ALIA360 can help

At ALIA360 we are document preparers, not attorneys. If you are handling your case on your own (pro se), we can prepare and organize your motion to change venue and your EOIR-33 using the information you give us, mail them by USPS with tracking, and keep everything on record in your client portal. If we see that your case needs an attorney, we tell you plainly and can connect you with a licensed attorney. Our team works primarily in Spanish.

Next steps

1. File the EOIR-33 within 5 days of moving.
2. Find your new court on EOIR’s official list.
3. Prepare the motion following the Practice Manual and serve it on DHS.
4. Keep attending your current court until the judge decides.

If you have questions about which documents to prepare, contact us and we will explain how we work.