[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR3.8]

[Page 24]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
 
PART 3--EXECUTIVE OFFICE FOR IMMIGRATION REVIEW--Table of Contents
 
                 Subpart A--Board of Immigration Appeals
 
Sec. 3.8  Fees.

    (a) Appeal from decision of an Immigration Judge or motion within 
the jurisdiction of the Board. Except as provided in paragraph (c) of 
this section or when filed by an officer of the Service, a Notice of 
Appeal to the Board of Immigration Appeals of Decision of Immigration 
Judge (Form EOIR-26) filed pursuant to Sec. 3.3(a), or a motion related 
to Immigration Judge proceedings that is within the jurisdiction of the 
Board and is filed directly with the Board pursuant to Sec. 3.2(g), 
shall be accompanied by the fee specified in applicable provisions of 
Sec. 103.7(b)(1) of this chapter. Fees shall be paid by check or money 
order payable to the ``United States Department of Justice.'' 
Remittances must be drawn on a bank or other institution located in the 
United States and be payable in United States currency. A remittance 
shall not satisfy the fee requirements of this section if the remittance 
is found uncollectible.
    (b) Appeal from decision of a Service officer or motion within the 
jurisdiction of the Board. Except as provided in paragraph (c) of this 
section, a Notice of Appeal to the Board of Immigration Appeals of 
Decision of District Director (Form EOIR-29), or a motion related to 
such a case filed under this part by any person other than an officer of 
the Service, filed directly with the Service shall be accompanied by the 
appropriate fee specified, and remitted in accordance with the 
provisions of Sec. 103.7 of this chapter.
    (c) Waiver of fees. The Board may, in its discretion, authorize the 
prosecution of any appeal or any motion over which the Board has 
jurisdiction without payment of the required fee. In any case in which 
an alien or other party affected is unable to pay the fee fixed for an 
appeal or motion, he or she shall file with the Notice of Appeal (Form 
EOIR-26 or Form EOIR-29) or motion, an Appeal Fee Waiver Request, (Form 
EOIR-26A). If the request does not establish the inability to pay the 
required fee, the appeal or motion will not be deemed properly filed.

[61 FR 18907, Apr. 29, 1996]

[[Page 25]]