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Write a request for continuance in an immigration court proceeding
Request for Continuance in an Immigration Court Proceeding
[Your Full Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
Honorable Immigration Judge
[Immigration Court Name]
[Court Address]
[City, State, ZIP Code]
Re: Request for Continuance
Case Number: [Your Case Number]
Respondent: [Your Full Name]
I. Introduction
I, [Your Full Name], the respondent in the above-referenced case, respectfully submit this request for a continuance of the hearing currently scheduled for [Current Hearing Date]. This request is made pursuant to the applicable rules and regulations governing immigration court proceedings.
II. Grounds for Continuance
Need for Adequate Representation:
I am currently in the process of securing legal representation. Despite my diligent efforts, I have not yet been able to retain an attorney who can adequately represent me in this complex matter. A continuance will allow me the necessary time to secure competent legal counsel, which is crucial for ensuring a fair hearing.
Preparation of Evidence:
Additional time is required to gather and prepare essential evidence that is critical to my defense. This includes obtaining affidavits, expert testimonies, and other documentary evidence that will support my case. The current timeline does not provide sufficient opportunity to compile this information comprehensively.
Personal Circumstances:
I am currently dealing with significant personal and family issues that have impeded my ability to prepare for the hearing. These include [briefly describe any relevant personal circumstances, such as health issues, family emergencies, etc.]. A continuance will provide the necessary time to address these issues and focus on my case.
III. Legal Basis for Continuance
Under the Immigration and Nationality Act (INA) and the regulations governing immigration court proceedings, a continuance may be granted for good cause. The Board of Immigration Appeals (BIA) has recognized that the need for adequate preparation and representation constitutes good cause for a continuance. In Matter of Hashmi, 24 I&N Dec. 785 (BIA 2009), the BIA held that the immigration judge should consider the totality of circumstances, including the respondent's diligence in preparing for the hearing and the potential prejudice to the respondent if the continuance is not granted.
IV. Conclusion
In light of the above, I respectfully request that the court grant a continuance of the hearing scheduled for [Current Hearing Date] to a later date. This will ensure that I have adequate time to secure legal representation, gather necessary evidence, and address personal circumstances that currently hinder my ability to prepare for the hearing.
Thank you for your consideration of this request.
Respectfully submitted,
[Your Full Name]
[Signature]
Attachments:
[List any documents you are attaching in support of your request, such as letters from potential attorneys, medical records, etc.]
Certificate of Service
I hereby certify that on [Date], I served a copy of this Request for Continuance on the Office of the Chief Counsel, Department of Homeland Security, by [method of service, e.g., mail, hand delivery, etc.].
[Your Full Name]
[Signature]
TLDR
A request for continuance in an immigration court proceeding should include the respondent's details, the case number, and the reasons for the request, such as the need for adequate representation, preparation of evidence, and personal circumstances. It should also reference relevant legal precedents and include a certificate of service.
Sources:
[Matter of Hashmi, 24 I&N Dec. 785 (BIA 2009)]
Answered by mwakili.com