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EOIR dramatically increases fees for appeals, applications, and motions

  1. Date Announced

    Dec. 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]

    View Policy Document
  2. Effective Date of Change

    Jan. 17, 2021
  3. Subsequent Action

    December 23, 2020

    On December 23, 2020, the American Immigration Council, the National Immigration Law Center, and Gibson, Dunn & Crutcher filed a federal lawsuit challenging the rule in the U.S. District Court for the District of Columbia.

    **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

    Complaint in Catholic Immigration Network et al v. EOIR, Case No. 20-cv-3812 (D.D.C. Dec. 23, 2020)
  4. Subsequent Action

    January 18, 2021

    The U.S. District Court for the District of Columbia blocks nearly all of the EOIR fee increase rule.

    ** Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources. **

    Clinic v. EOIR, Case No. 20-cv-3812 (D.D.C. Jan. 18, 2021)

  1. Associated or Derivative Policies

Commentary

AILA / AIC on EOIR Fee Increase

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NY Bar - Comment Letter Urging EOIR to Withdraw Rule That Would Dramatically Increase Fees

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