Sample Letter Of Request For Change Of Venue With Family In Wake
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Write your full name here Write the date here mm/dd/yyyy 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.
Fair or impartial trial. If you have a reason to believe that an impartial trial isn't possible in the original court, you can also request a change of venue. An impartial trial can happen due to bias, pretrial publicity, or other circumstances surrounding the case.
For example, in California, when a bailiff or marshal calls the court to order part of the cry will take the form "in and for the County of San Francisco"; when there is a change of venue the cry will be, "in the County of Alameda for the County of San Francisco."
The judge must review the facts of the specific case and determine whether a change of venue would be appropriate. For example, the judge may look into whether the foreign national may have a valid defense to removal. They also may be more likely to grant a change of venue if the case has not already been delayed.
Possible Grounds for a Continuance A judge will be more receptive to a motion for a continuance if the foreign national can show that they would face an extreme hardship if they were required to attend the currently scheduled hearing, or that an immediate family member would face an extreme hardship.
The judge must review the facts of the specific case and determine whether a change of venue would be appropriate. For example, the judge may look into whether the foreign national may have a valid defense to removal. They also may be more likely to grant a change of venue if the case has not already been delayed.
Reasons for changes of venue include pretrial publicity, bias, political atmosphere, and any other circumstance that the parties believe would prevent them from obtaining a fair trial in the county in which the case was originally filed.
The court may change the place of trial in the following cases: (1) When the county designated for that purpose is not the proper one. (2) When the convenience of witnesses and the ends of justice would be promoted by the change. (3) When the judge has, at any time, been interested as party or counsel.
