Authority

§ 1003.8 Fees before the Board., 8 C.F.R. § 1003.8

Code of Federal Regulations
Title 8. Aliens and Nationality
Chapter V. Executive Office for Immigration Review, Department of Justice (Refs & Annos)
Subchapter A. General Provisions (Refs & Annos)
Part 1003. Executive Office for Immigration Review (Refs & Annos)
Subpart A. Board of Immigration Appeals
8 C.F.R. § 1003.8
§ 1003.8 Fees before the Board.
Currentness
(a) Appeals and motions before the Board—

(1) When a fee is required. Except as provided in paragraph (a)(2) of this section, a filing fee prescribed in 8 CFR
1103.7, or a fee waiver request pursuant to paragraph (a)(3) of this section, is required in connection with the filing
of an appeal, a motion to reopen, or a motion to reconsider before the Board.

(2) When a fee is not required. A filing fee is not required in the following instances:

(i) A custody bond appeal filed pursuant to § 1003.1(b)(7);

(ii) A motion to reopen that is based exclusively on an application for relief that does not require a fee;

(iii) A motion to reconsider that is based exclusively on a prior application for relief that did not require a fee;

(iv) A motion filed while an appeal, a motion to reopen, or a motion to reconsider is already pending before the
Board;

(v) A motion requesting only a stay of removal, deportation, or exclusion;

(vi) Any appeal or motion filed by the Department of Homeland Security;

(vii) A motion that is agreed upon by all parties and is jointly filed; or

(viii) An appeal or motion filed under a law, regulation, or directive that specifically does not require a filing fee.

(3) When a fee may be waived. The Board has the discretion to waive a fee for an appeal, motion to reconsider,
or motion to reopen upon a showing that the filing party is unable to pay the fee. Fee waivers shall be requested

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§ 1003.8 Fees before the Board., 8 C.F.R. § 1003.8

through the filing of a Fee Waiver Request (Form EOIR–26A), including the declaration to be signed under penalty
of perjury substantiating the filing party's inability to pay the fee. The fee waiver request shall be filed along with
the Notice of Appeal or the motion. If the fee waiver request does not establish the inability to pay the required fee,
the appeal or motion will not be deemed properly filed.

(4) Method of payment. When a fee is required for an appeal or motion, the fee shall accompany the appeal or
motion.

(i) In general. Except as provided in paragraph (a)(4)(ii) of this section, the fee for filing an appeal or motion with the
Board shall be paid by check, money order, or electronic payment in a manner and form authorized by the Executive
Office for Immigration Review. When paid by check or money order, the fee shall be payable to the “United States
Department of Justice,” drawn on a bank or other institution that is located within the United States, and payable
in United States currency. The check or money order shall bear the full name and alien registration number of the
alien. A payment that is uncollectible does not satisfy a fee requirement.

(ii) Appeals from Department of Homeland Security decisions. The fee for filing an appeal, within the jurisdiction
of the Board, from the decision of a Department of Homeland Security officer shall be paid to the Department of
Homeland Security in accordance with 8 CFR 103.7(a).

(b) Applications for relief. Fees for applications for relief are not collected by the Board, but instead are paid to the
Department of Homeland Security in accordance with 8 CFR 103.7. When a motion before the Board is based upon
an application for relief, only the fee for the motion to reopen shall be paid to the Board, and payment of the fee for
the application for relief shall not accompany the motion. If the motion is granted and proceedings are remanded to the
immigration judge, the application fee shall be paid in the manner specified in 8 CFR 1003.24(c)(1).

Credits
[23 FR 9118, Nov. 26, 1958, as amended at 27 FR 7488, July 31, 1962; 48 FR 8040, Feb. 25, 1983; 61 FR 18907, April
29, 1996; 68 FR 10350, March 5, 2003; 69 FR 44906, July 28, 2004]
SOURCE: 52 FR 2936, 2941, Jan. 29, 1987; 57 FR 11570, April 6, 1992; 60 FR 29468, June 5, 1995; 61 FR 59305, Nov.
22, 1996; 63 FR 27448, May 19, 1998; 63 FR 31894, June 11, 1998; 64 FR 56141, Oct. 18, 1999; 66 FR 37123, July 17,
2001; 66 FR 54911, Oct. 31, 2001; 66 FR 56976, Nov. 14, 2001; 68 FR 9824, Feb. 28, 2003; 68 FR 9830, Feb. 28, 2003;
71 FR 57884, Oct. 2, 2006; 71 FR 70857, Dec. 7, 2006; 73 FR 33876, June 16, 2008, unless otherwise noted.

AUTHORITY: 5 U.S.C. 301; 6 U.S.C. 521; 8 U.S.C. 1101, 1103, 1154, 1155, 1158, 1182, 1226, 1229, 1229a, 1229b,
1229c, 1231, 1254a, 1255, 1324d, 1330, 1361, 1362; 28 U.S.C. 509, 510, 1746; sec. 2 Reorg. Plan No. 2 of 1950; 3 CFR,
1949–1953 Comp., p. 1002; section 203 of Pub.L. 105–100, 111 Stat. 2196–200; sections 1506 and 1510 of Pub.L. 106–
386, 114 Stat. 1527–29, 1531–32; section 1505 of Pub.L. 106–554, 114 Stat. 2763A–326 to –328.

Notes of Decisions (1)
Current through November 9, 2017; 82 FR 52014.
End of Document

© 2017 Thomson Reuters. No claim to original U.S. Government Works.

© 2017 Thomson Reuters. No claim to original U.S. Government Works.

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