Published: June 28, 2023
A recent decision by the Board of Immigration Appeals (BIA) in Matter of Garcia, 28 I&N Dec. 693 (BIA 2023) marks a legal development in removal proceedings affecting venue.
Venue Matters
Venue is the physical location where an immigration court holds proceedings. Venue matters because it can have a significant impact on the outcome of a removal case as different immigration courts may have different policies, procedures, and interpretations of the law. For example, some immigration courts may have a higher rate of granting relief, while others may be more likely to issue orders of removal or deportation.
Motions to Change Venue
In some cases, it may be advantageous for an individual to file a motion to change venue in order to transfer their removal case to a different immigration court. The decision to file a motion to change venue should be made in consultation with an immigration attorney, who can advise on the specific circumstances of the case.
Limitations and Opportunities of Matter of Garcia
Matter of Garcia provides a framework for assessing whether a motion to change venue is warranted based on factors such as the location of the parties, witnesses, and evidence; the location of the individual’s residence; and the likelihood of a fair and impartial hearing.
The case also sets a high bar for demonstrating that a change of venue is warranted. In particular, it emphasizes the importance of demonstrating that the current venue would result in prejudice or unfairness, rather than simply inconvenience.
Staying Current with Legal Developments
Keeping up with the latest legal developments is crucial in immigration law, where even small changes can have a big impact on your case. At ALG Lawyers, we take this responsibility seriously. We don’t just stay current with legal developments; we actively seek them out to provide the best possible representation to our clients.
Talk to Us
Dealing with removal proceedings can be a painful experience for individuals and families. At ALG Lawyers, we understand the challenges you’re facing, and we are ready to help you get through this difficult time. Don’t face this challenge alone. Schedule a consultation by clicking here, or call us toll-free at 877-411-1254.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)