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socrateaser, Lawyer
Category: Immigration Law
Satisfied Customers: 37846
Experience:  Retired (mostly)
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Would this rule apply in all circuits? I have heard that judges

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Would this rule apply in all circuits? I have heard that judges in the 9th circuit can be more lenient. Would it be a good idea to move to the 9th circuit in case the government decides to act?

I see you are a frequent customer at, re immigrations matters. I rarely answer immigrations questions, except where there is a crossover issue related to other federal or state laws -- or where there is some particularly important constitutional question raised. Please permit me to assist.

You cannot just "move" a case from one federal Circuit to another. Under Title 8 C.F.R. 1003.20(b), venue may only be changed for "good cause."

"Whether requisite 'good cause' exists for change of venue of immigration proceedings is determined by balancing such factors as administrative convenience, alien's residence, location of witnesses, evidence and counsel, expeditious treatment of case, and cost of transporting witnesses and evidence to new location. 8 C.F.R. § 1003.20(b)." Monter v. Gonzales, 430 F.3d 546 (U.S. 2nd Cir. 2005).

The point here is that while the alien may receive better treatment in the Ninth Circuit, unless the alien actually resides within the Ninth Circuit's jurisdictional territory, and unless there are other clear reasons related to evidence and witnesses, there is practically no chance that the case could be moved into the Ninth Circuit for further processing.

Obviously, if you can make a case to change venue, then you can file a motion with the immigrations judge. But, you will have to show good cause for doing so.

Please let me know if my answer is helpful, or if I can provide further clarification or assistance.

And, thanks for using!
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