Michigan Criminal Attorneys Blog
When removal proceedings commence, the success of your immigration attorney may be determined by Motions filed on your behalf. The following is a list of potential pre-hearing motions to consider, however some or all of the following Motions may not be applicable to your particular case. With regard to any Immigration Court proceeding your best bet is to hire an experienced lawyer, such as Attorney Sufen Hilf.
Motion to Extend Time to Submit Documents, Applications, Briefs, etc. – The Immigration Court will want an affidavit of counsel, or other proof of the reason to grant the extension. This may be necessary if a new immigration attorney has substituted in to address issues neglected by prior legal counsel, or to supplement the case because new information became available. Delay is sometimes necessary to give the respondent more time for another avenue of immigration relief to open.
Motion to Continue the Hearing Date – a good reason must be provided to the Immigration Court for the continuance. As stated above, sometimes delay is necessary to give more time for another avenue of relief to open, or simply to allow the respondent more time to stay in the United States.
Motion to Change Venue – the purpose of this motion is that the respondent and witnesses live far from the Immigration Court where removal proceedings are occurring, and it would be more convienent for a local Immigration Court to consider the matter. Although forum shopping is generally not permitted, sometimes a different Immigration Court is more favorable as it relates to rulings on particular issues. A valid reason must be submitted and accepted by the Immigration Court for the change of venue to occur.
Motion to Terminate the Proceedings – this is similar to a Motion for Summary Disposition in civil proceedings. It could be brought when the government fails to clearly articulate the reasons for the removal. It could happen when the factual allegation that forms the basis of the removal proceeding, such as a conviction for an Aggravated Felony, is not true.
Motion for a Pre-Hearing Conference – A prehearing conference can be useful for clarifying issues and simplifying the proceedings to allow for a more time and cost effective means of resolving the case. The attorneys and the Court can discuss issues in question concerning the immigration matter, the evidence that the parties possess, negotiate possible resolutions to the case, etc.
Motion for Deposition/ Subpoena Duces Tecum – Immigration law gives Immigration Judges authority to allow for the deposition of witness(es) who are not reasonably available for a hearing whose testimony is essential. The Immigration Judge is allowed to subpoena any witness, and for the production of any item (subpoena duces tecum) such as records, and other documents necessary for the hearing. The moving party must demostrate the relevence of the witness or item, and show that they have been diligent but unsuccessful in his/her effort to secure the witness or item. A subpoena might be necessary based upon delays in getting documents through FOIA (the Freedom of Information Act), considering the date of your Immigration hearing.
The above described motion practice helps all parties to the case to become prepared to resolve the case – through Trial or Settlement. Motions are not filed on every Immigration case involving removal proceedings, however sometimes filing a motion is essential to receiving a good result. The best way to insure that the proper motions in removal proceedings have been filed is to hire an experienced immigration attorney to represent you such as Attorney Sufen Hilf.