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How long does the motion for substitution of counsel takes to be granted in immigration court ?
Anonymous5 views4 answers
I hired a lawyer for one year and he didn't do nothing for me he didn't even filed any motion in the court , so I fired him then I hired new attorney and we file motion in the court " substitution of counsel " that was 3 month ago, is any body know how long should take to be granted i called the court too many times and they said Im still have my first attorney . Thank you
Pedro A. MirandaImmigration AttorneyHollywood, FL ·
No way to predict, it depends on the judge. At the latest, it will be addressed whenever your new attorney tries to file any motion, or at the next court hearing. On the other hand, many judges act on their motions quickly so it depends on who your judge is.
Did the second attorney obtain a stamped copy of the motion that was filed? If so, he can confirm that it is in process. My next question is whether there is a reason why the motion to substitute is time sensitive? If there is no timing issue, I would just be patient and wait. If there is a timing issue, then you could contact your first attorney and ask him to withdraw, which would give your second attorney the ability to file anything necessary without the motion to substitute counsel. Good luck!
Rules of Procedure for Immigration Court permits the substitution and/or withdrawal to be accomplished verbally, if needs be. This means, that should the old attorney be uncooperative or the court take forever to approve the motion, the new attorney should be able to move things along. Before showing up at the hearing, however, the new attorney should make sure to file the EOIR-28. Multiple representation is technically possible. On the EOIR-28, the new attorney should make sure to specify that he or she is the primary attorney of record.
It depends on the judge. Do not worry, as long as your new attorney has proof of filing and will appear with you for the next hearing, you will be fine.
