Any person that is not able to appear for a scheduled deportation hearing in an immigration court must request for a change of date. The legal procedure for this is to file paperwork known as a “motion for a continuance.”
If you are a foreign national living in the United States and U.S. immigration authorities are placing you into removal proceedings (deportation), you will receive a notification called a Notice to Appear (NTA). The NTA will provide specific details about the date, time and place of your initial removal hearing in immigration court. You will be required to attend this calendar hearing and (presuming you ask for one), also attend a later individual merits hearing. Ensure that you have an immigration attorney representing you.
When Will the Immigration Judge Issue a Continuance
Based on unique circumstances or facts presented in court an immigration judge is then able to grant a motion for continuance. With the help of an immigration lawyer you must submit a written motion, explaining in detail why you need to reschedule your hearing date.
It will always be in your favor to attach supporting documentation explaining why you have good cause to ask for a continuance - for example a medical note from your physician stating that you are scheduled for an urgent procedure. You are more likely to be granted a continuance if you can prove that you (or your immediate family members) would face some great hardship if you had to attend the hearing as scheduled.
Also note that if you or your immediate family member must undergo some type of surgery on the day of a scheduled hearing, you have a higher chance of being granted a rescheduled date or if you only recently hired an attorney he or she might ask for more time to help you prepare.
On the other hand, simply being scheduled to go to work on the day you are supposed to attend a court hearing will not suffice to acquire a continuance. Also, immigration judges are more likely to grant your request if it is the first time you are asking to reschedule.
Timing for Filing a Motion for Continuance is Important
Submit the motion for continuance before the scheduled hearing date. When preparing your motion feel free to suggest some dates that are best for you. The immigration judge will then have discretion to select any date to reschedule your hearing as well.
Ensure that you follow all procedures, deadlines, filing requirements and instructions of your specific Immigration Judge (“IJ”) and to serve (send a copy of) your motion for continuance on the government trial attorney.
The Immigration Judge Has Not Made a Decision on Your Motion by the Hearing Date
Make sure you appear for your removal hearing if your motion for continuance is still pending when that date arrives. In order words, unless you receive an order granting your motion for continuance, you must personally attend the removal hearing as scheduled. However, if you do not, the IJ will make a decision on your case in absentia (without your presence at the hearing).
Being that you are unable to present your case during the hearing held in absentia, the IJ is likely to order your removal. Note that such an order cannot be appealed, unlike orders entered after a hearing in which you do appear. You can file a motion to reopen such a decision but there is no guarantee that you will be able to get favorable results.
My Continuance Motion is Granted
Once your request to reschedule your removal hearing date is granted, you will receive an order granting your motion to continue. Generally, rescheduled hearing dates are set within a month or so after the initial hearing date. However, IJs are quite busy, and might not set a reschedule date until many months after the original hearing date.
Retain the Services of an Immigration Law Firm
As soon as you are put in removal proceedings and wish to avoid deportation it is in your best interest to contact an experienced immigration attorney. An immigration lawyer will examine your case, verify or determine the defenses that you could prepare, collect supporting documents, paperwork, draft legal documents and even represent you in an immigration court. Call Gambacorta Law Office at 847 443 9303 for your first free consultation.