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EOIR dramatically increases fees for appeals, applications, and motions

  1. Original Date Announced

    December 18, 2020

    EOIR raises filing fees for several forms and motions, including:

    • Notice of Appeal from an IJ decision (Form EOIR-26) --increased from $110 to $975
    • Notice of Appeal from a DHS decision (Form EOIR-29) -- increased from $110 to $705
    • Application for Suspension of Deportation (Form EOIR-40) -- increased from $100 to $305
    • Application for LPR Cancellation of Removal (EOIR-42A) -- increased from $100 to $305
    • Application for Non-LPR Cancellation of Removal (EOIR-42B) -- increased from $100 to $360
    • Notice of Appeal from a Practitioner Disciplinary Case (Form EOIR-45) -- increased from $110 to $675
    • Motion to reopen or reconsider before an immigration judge -- increased from $110 to $145
    • Motion to reopen or reconsider before the BIA -- increased from $110 to $895

    EOIR also clarifies that the new DHS filing fee of $50 for asylum applications (Form I-589).will apply to asylum applications filed before an immigration judge.

    [ID #235]

    EOIR Fee Review, 85 Fed Reg 82750
  2. Effective Date

    January 17, 2021

Current Status

Fully in Effect

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Rule
Subject Matter: Hearings and Adjudications
Agencies Affected: EOIR

Associated or Derivative Policies

Pre Trump-Era Policies

Commentary

  • AILA / AIC on EOIR Fee Increase

    Go to article
  • NY Bar: Comment Letter Urging EOIR to Withdraw Rule That Would Dramatically Increase Fees

    Go to article

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