Tell both lawyers immediately and send each the complete notices, including the hearing type, date, time, courtroom or remote-access details, and location. Ask counsel to determine which court should receive a continuance request and what support it needs. A request does not move either hearing: EOIR says a motion to continue does not excuse appearing unless the immigration court grants it. (EOIR Immigration Court Practice Manual § 4.10)

Give counsel the facts that show the conflict

Preserve both notices and make a short timeline showing when each appearance begins, how long it is expected to last, travel time between locations, and any required check-in. Tell both lawyers about prior continuance requests or orders and whether the criminal appearance is a trial, hearing, arraignment, or another event. The hearing type matters because the procedural rule and the court’s decision are specific to that proceeding.

Do not decide on your own that one appearance is more important, that arriving late is acceptable, or that a pending request means you can stay away. If counsel cannot reach you, follow the current court instructions and seek immediate legal help.

Each court decides its own request

An EOIR continuance request should be a written motion explaining the reasons, supported by evidence where appropriate, with the existing hearing date and time and preferred alternative dates. The immigration judge chooses the new date if the request is granted. The practice manual states that filing the motion does not excuse attendance unless the immigration court grants it. Keep following the existing notice unless the court issues an order changing it. (EOIR Immigration Court Practice Manual § 4.10)

California criminal-court continuances have their own good-cause requirement. Penal Code § 1050 includes notice and attorney-conflict provisions, addresses requests that do not comply with those requirements, and states that convenience alone is not sufficient. Rule 4.115 links criminal trial continuances to the related rule and statutory requirements. Whether a particular immigration appearance supports a request depends on the hearing, notice, timing, and facts; a conflict does not guarantee a continuance. (Penal Code § 1050; California Rule of Court 4.115)

Because these are separate courts, a change granted in one case does not change the other court’s calendar. Obtain and read the order from whichever court changes its hearing; continue to follow the other court’s existing notice. Keep the filed requests, proof of service if applicable, and signed orders with the notices.

The Law Offices of David S. Chesley’s immigration-lawyer page describes its immigration services. To discuss a California criminal case, call (800) 755-5174.