6.4 - Expedite Requests

(a) Requirements

Appeals and motions may be expedited only upon the filing of a motion to expedite and a demonstration of impending and irreparable harm or similar good cause.  The motion must contain a complete articulation of the reasons to expedite and the consequences to the moving party if the request is not granted.

Expedited requests are generally not favored and should be requested only in compelling circumstances.  Examples of appropriate reasons to request expedited treatment include:  (i) imminent removal from the United States; (ii) imminent ineligibility for relief, such as a minor “aging out” of derivative status; (iii) circumstances threatening to moot the appeal absent prompt action by the Board; and (iv) a health crisis precipitating a need for immediate Board action. 

(b) Procedure

Motions to expedite should be filed in accordance with the general rules and procedures for other motions.  See Chapter 5.2 (Filing a Motion).  Any request for expeditious processing should be made through a written “MOTION TO EXPEDITE that bears the name and A-number of the affected respondent and articulates the grounds for the request.  Use of a cover page is highly recommended.  See Appendix E (Cover Pages).  In a genuine emergency, a party may contact the Clerk’s Office of the Board by telephone.  See Appendix A (Directory).  Even in such situations, the moving party must be prepared to file a written “MOTION TO EXPEDITE” immediately.

(c) Response

 The Board will consider all expedited requests that are properly filed.  When a request is granted, the Board will expedite the case without notifying the parties that the request has been granted.  For administrative reasons, the Board cannot reply to all requests.