RAHMAN

Citations

• 20 I. & N. Dec. 480

Syllabus

RAHMAN, 20 I&N Dec. 480 (BIA 1992) ID 3174 (PDF) (1) An immigration judge'sdiscretion to change venue in exclusion and deportation proceedings issubject to the existence of good cause for such a change, and good causeis determined by balancing the relevant factors, including administrativeconvenience, expeditious treatment of the case, location of witnesses,cost of transporting witnesses or evidence to a new location, and factorscommonly associated with the alien's place of residence. (2) While factors commonlyassociated with an applicant's place of residence are relevant to thequestion of proper venue, the mere fact that an applicant in exclusionproceedings allegedly resides or wishes to reside in another city, withouta showing of other significant factors associated with such residence,is insufficient cause to outweigh the Immigration and Naturalization Service'sopposition to a motion for change of venue, particularly where the Servicehas demonstrated that it would be prejudiced by such a change. (3) The Government isnot required to accommodate the applicant's choice of a distant attorneyand his acquisition of an interpreter by changing venue at considerableexpense, especially where there is no showing that local counsel is unavailableor that an interpreter cannot otherwise be obtained. (4) An immigration judge'sorder changing the venue of the hearing does not necessarily affect theplace where the alien may be detained, because an immigration judge hasno authority over the place of detention. (5) An immigration judgemay grant a change of venue only upon motion by one of the parties andonly after the other party has been given notice and an opportunity torespond.