Motion to Continue: How to Reschedule Your Court Date

You received your immigration court hearing date and you already know you cannot be there that day, or that you need more time to prepare your case. The tool for that is called a Motion to Continue: a written request asking the judge to move your hearing to a later date.

This article is general information, not legal advice. For a recommendation about your specific case, talk to a licensed immigration attorney or a DOJ-accredited representative of a recognized organization.

What a motion to continue is

A motion to continue is a formal request to the immigration court (EOIR) to postpone a hearing that is already scheduled. Under federal regulations (8 CFR 1003.29), the immigration judge may grant a continuance when there is good cause, meaning a justified reason.

The most important thing to know: filing the motion does not change the date by itself. The hearing stays on the calendar until the judge decides. Unless you receive a decision granting the continuance, you must appear on the date and at the time you were given.

Common good cause reasons

The judge looks at each case individually, and no one can promise an outcome. Still, these are reasons that are often presented as good cause:

• You need time to find an attorney. For example, if it is your first hearing and you do not have representation yet.
• A medical emergency, yours or a close family member’s, backed by documents.
• A conflict with another official appointment, such as a biometrics appointment or a USCIS interview on the same day.
• A related application that is pending, for example a petition with USCIS that could affect your court case.

Vague reasons (“I can’t make it”) or reasons without proof usually carry less weight. The more specific and documented your reason is, the easier it is for the judge to understand it.

What the motion usually includes

The formatting and filing requirements are in the Immigration Court Practice Manual, which is part of the EOIR Policy Manual. Before preparing anything, check the current version. In general, a motion to continue usually includes:

1. A cover page in the format the Practice Manual requires, identifying the type of motion.
2. The motion itself, with your name, your A-number, the hearing date you want to change and your reasons explained clearly.
3. Evidence supporting your reason: medical letters, the USCIS appointment notice, the receipt for a pending application, and so on.
4. A proposed order, if the court’s rules call for one.
5. A Certificate of Service, showing that you sent a copy to DHS.

Serving DHS

Every motion filed with the immigration court must be served on the other party: the Department of Homeland Security (DHS), represented by ICE’s Office of the Principal Legal Advisor (OPLA). The Certificate of Service states how and when you sent the copy. Without that proof, the motion may be incomplete.

File the motion early

Filing at the last minute lowers the chances that the judge rules on it before the hearing. It is best to file as soon as you learn about the conflict, and to keep a copy of everything you send, along with proof of delivery.

While you wait for a decision:

• Keep preparing to attend. Have your documents ready and plan how you will get to court.
• Check your case status in EOIR’s Automated Case Information system, ACIS, or by calling 1-800-898-7180, using your 9-digit A-number. There you will see the date and location of your next hearing.
• Watch your mail. The judge’s decision usually arrives in writing at the address the court has on file. If you moved, the court must have your updated address (Form EOIR-33 within 5 days of moving).

If what you see in ACIS does not match what you were told, contact the court or a legal representative.

What happens if you do not appear

Missing an immigration court hearing can result in an order of removal “in absentia”, meaning an order issued in your absence. That is why it matters so much not to confuse “I filed the motion” with “my date was changed.” Until you have a decision granting the continuance, the original date still stands.

Continuances and the asylum clock

If you have an asylum application pending in court and plan to apply for an asylum-based work permit, keep this in mind: under the rules in effect at the time of writing, delays caused by the applicant, such as some continuances you request, can stop the asylum clock that counts the days toward work permit eligibility. Check the official Form I-765 page on USCIS and, if you are unsure, talk to an attorney before requesting a continuance.

To understand the full asylum process, read our guide to the I-589 asylum process, affirmative vs. defensive.

How ALIA360 can help

At ALIA360 we are document preparers, not attorneys. We can help you prepare and organize your court motion, with its cover page, evidence and Certificate of Service; mail it by USPS with tracking; and keep everything recorded in your client portal, while you handle your case on your own (pro se). If we see that your situation needs an attorney, we will tell you clearly and can connect you with a licensed attorney. Our team works primarily in Spanish.

Next steps

1. Check your hearing date and location in ACIS.
2. Gather the evidence for your reason to request a continuance.
3. Review the EOIR Practice Manual for the current format.
4. File the motion as early as possible and serve DHS.
5. Keep preparing to attend until the judge decides.

If you would like help organizing your documents, reach us through the contact page and we will explain how we work.