Sample Motion For Continuance Immigration Court
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How to fill out Sample Letter For Continuance - Notification Of Court Administrator?
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FAQ
Good cause for a continuance can be found if the alien makes a reasonable showing that the lack of preparation occurred despite a diligent good faith effort to proceed and that any additional evidence the alien seeks is probative, noncumulative, and significantly favorable to an alien.
If you are unable to attend, however, you can request that the date be changed. The procedure for this is to file legal paperwork called a "motion for a continuance." The Immigration Judge (IJ) has wide discretion to grant or deny such a motion, and you take additional risks by rescheduling a hearing.
Good cause for a continuance can be found if the alien makes a reasonable showing that the lack of preparation occurred despite a diligent good faith effort to proceed and that any additional evidence the alien seeks is probative, noncumulative, and significantly favorable to an alien.
(a) Motion to Continue ? A request for a continuance of any hearing should be made by written motion. Oral motions to continue are discouraged. The motion should set forth in detail the reasons for the request and, if appropriate, be supported by evidence. See Chapter 5.2(e) (Evidence).
(2) Content ? A motion to reopen must state the new facts that will be proven at a reopened hearing if the motion is granted, and the motion must be supported by affidavits or other evidentiary material. 8 C.F.R. § 1003.23(b)(3) .
