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Original Date Announced
January 17, 2018EOIR issues Operating Policies and Procedures Memorandum (OPPM) 18-01 regarding changes of venue, the requirements for a motion to change venue, and the requirements for valid venue changes. This OPPM supersedes predecessor OPPM 01-02.
Among its pronouncements: (i) More than two motions to change venue by the same party are disfavored. (ii) Motions to change venue filed solely for delay should not be condoned. (iii) Motions to change venue filed after the merits hearing has begun are disfavored. It also directs that, whenever venue is changed, the receiving judge may not hear the case de novo but must follow the orders of the prior judge, absent exceptional circumstances.
The OPPM also gives several instructions that presume and are intended to thwart dilatory changes of venue.
[ID #156]
EOIR Memorandum: Operating Policies and Procedures Memorandum 18-01: Change of VenueEffective Date
January 17, 2018Current Status
Fully in EffectOriginal Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: Hearings and AdjudicationsAgencies Affected: EOIRAssociated or Derivative Policies
- October 18, 2018 EOIR to proceed with venue and jurisdiction rule
Pre Trump-Era Policies
- October 9, 2001 OPPM 01-02 required the immigration judge make an effort to ensure that "good cause has been shown" before granting a motion to change venue. The current memo instead requires good cause be shown before granting a venue motion. EOIR OPPM 01-02 -- Changes of Venue
Documents
Trump-Era Policy Documents
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New Policy
Original Source:
OPPM 18-01: Change of Venue
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Prior Policy
Original Source:
OPPM 01-02: Changes of Venue