A judge will only grant a motion to continue if there is good cause. Good cause is determined by the facts of the case. Note that a continuance motion can be brought by either: a prosecutor, or a defense attorney. If granted, the hearing or trial is put off for a period of time that is necessary to resolve the issue forcing the continuance.

For good cause, the court assigned to hear the appeal may continue the trial. A request for a continuance may be presented by one party or by stipulation. The court may grant a continuance not to exceed 30 days, but in a case of extreme hardship the court may grant a continuance exceeding 30 days.

An immigration judge may grant a motion for a continuance of removal proceedings only “for good cause shown.” 8 C.F.R. § 1003.29. The good-cause standard is a substantive requirement that limits the discretion of immigration judges and prohibits them from granting continuances for any reason or no reason at all.

A judge will review all the facts of the motion and case when deciding whether “good cause” exists for a continuance. The definition of good cause varies from allowing scheduling changes for the convenience of the parties and witnesses to ensuring a fair trial where both parties have adequate time to prepare.

Circumstances that may indicate good cause for a continuance include the unavailability of an essential witness (CRC 3.1332 (c) (1)); the unavailability of a party because of death, illness, or other excusable circumstances (CRC 3.1332 (c) (2)); or a significant, unanticipated change in the status of the case as a result of which the case is not ready for trial (CRC 3.1332 (c) (7)).