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EOIR issues guidance on change of venue

  1. Date Announced

    Jan. 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]

    View Policy Document
  2. Effective Date of Change

    Jan. 17, 2018
Status: Final/Actual
Type of Action: Agency Directive
Subject Matter: Hearings and Adjudications
Agencies Affected: EOIR

Prior Policies

  • 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

  1. Associated or Derivative Policies

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