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Original Date Announced
December 18, 2020EOIR 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 82750Effective Date
January 17, 2021Subsequent Trump-Era and Court Action(s)
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December 23, 2020
Complaint in Catholic Immigration Network et al v. EOIR, Case No. 20-cv-3812 (D.D.C. Dec. 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.**
View Document -
January 18, 2021
Clinic v. EOIR, Case No. 20-cv-3812 (D.D.C. Jan. 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. **
View Document
Current Status
Fully in EffectOriginal Trump Policy Status
Status: Final/ActualTrump Administration Action: RuleSubject Matter: Hearings and AdjudicationsAgencies Affected: EOIRAssociated or Derivative Policies
- December 18, 2020 EOIR Director issues policy memo on fees and fee waivers
Pre Trump-Era Policies
Documents
Trump-Era Policy Documents
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New Policy
Original Source:
Executive Office for Immigration Review; Fee Review
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Prior Policy
Original Source:
8 CFR § 1103.7 (current fees)
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Subsequent Action
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Subsequent Action
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Commentary
Original Source:
AILA / AIC on EOIR Fee Increase
- Commentary
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Other
Original Source:
Proposed rule: Executive Office for Immigration Review; Fee Review
Commentary
AILA / AIC on EOIR Fee Increase
Go to articleNY Bar: Comment Letter Urging EOIR to Withdraw Rule That Would Dramatically Increase Fees
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