5.12 - Response to Motion

Responses to motions must comply with the deadlines and requirements for filing.  See 8 C.F.R. § 1003.23(a), Chapter 3 (Filing with the Immigration Court).  A motion is deemed unopposed unless timely response is made.  Parties should note that unopposed motions are not necessarily granted.  Immigration judges may deny a motion before the close of the response period without waiting for a response from the opposing party if the motion does not comply with the applicable legal requirements.  Examples include:

• Denial of a motion to withdraw as counsel of record that does not contain a statement that the practitioner has notified the respondent of the request to withdraw as counsel or, if the respondent could not be notified, an explanation of the efforts made to notify the respondent of the request.  See Chapter 2.1(b)(3)(C)) (Withdrawal of counsel).

• Denial of a motion to change venue that does not identify the fixed address where the respondent may be reached for further hearing notification.  See Chapter 5.10(c) (Motion to Change Venue), 8 C.F.R. § 1003.20(b).