Moved to another state? How to move your immigration court case

People with asylum cases move. They find work in another state, join family, or leave a place that was never safe for them. A move changes where you live. It does not change where your case is.

Your case stays with the immigration court where the charging document was filed (8 C.F.R. 1003.20(a)). To move it, you need a judge's order changing venue.

The rule: good cause, on motion

An immigration judge may change venue only for good cause, only on a motion by one of the parties, and only after the other side has had notice and a chance to respond (8 C.F.R. 1003.20(b)). The judge will not do it on their own because your address changed.

The motion has requirements of its own. Under the Immigration Court Practice Manual (ch. 4.10(c)) and the regulation, it must include:

• The date and time of your next hearing.
• A fixed street address, with city, state and ZIP code, where you can be reached. The court will not change venue without one (8 C.F.R. 1003.20(c)).
• A completed Form EOIR-33 if your mailing address changed.
• A detailed explanation of why the case should move.

What counts as good cause

The Board set out the test in Matter of Rahman (1992). The judge balances administrative convenience, prompt handling of the case, where the witnesses are, the cost of bringing witnesses and evidence, and where you live. A bare statement that you now live somewhere else is not enough when the government opposes the motion.

Timing matters too. In Matter of I-B-M-S- (2026), the Board said that the closer a venue request comes to the individual hearing, the less likely it is to show good cause. If you are going to move, raise venue early, not weeks before your trial date.

Keep going to your current court

Your address duty does not pause

Separately from venue, you must file Form EOIR-33 within five days of any move (8 C.F.R. 1003.15(d)). The court sends notices to the last address you gave. Updating the address is required even if you never ask to move the case.

If your case is in New York or Newark, our post on the New York area courts lists each court's address and phone number.

A checklist before you file

A venue motion is decided on paper, so the paper has to do the work. Before anything is filed, gather:

• Proof of the new address. A lease, a utility bill, or a letter from the person you live with, showing a fixed street address. A post office box will not do.
• Your next hearing date, time and court, copied exactly from your most recent hearing notice.
• A completed Form EOIR-33 for the new address, if you have not already filed one.
• The reasons in your own words. Why you moved, when, and whether you plan to stay. Work, family and safety are the common reasons.
• Where your witnesses and evidence are. If the people who will testify for you, or your doctors, now live near the new court, say so and explain how.

Then think about timing. If your individual hearing is soon, the judge may see the motion as a way to delay, and the Board's 2026 decision in I-B-M-S- backs that view. Sometimes the better choice is to stay in the original court and travel for the hearing. That is a judgment call that depends on the facts of your case.

Finally, keep copies of everything you file and the proof of when the court received it. If a notice goes to the wrong place later, that record is what lets a lawyer fix it.

Talk to a lawyer about your own case

Whether to move your case, and when, depends on where your evidence and witnesses are and how close you are to trial. If you have moved or plan to, talk to a lawyer before you file anything.