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EOIR issues guidance on change of venue

  1. Original Date Announced

    January 17, 2018

    EOIR 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 Venue
  2. Effective Date

    January 17, 2018

Current Status

Fully in Effect

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Agency Directive
Subject Matter: Hearings and Adjudications
Agencies Affected: EOIR

Associated or Derivative Policies

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


Trump-Era Policy Documents

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