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Types of Appeals, Motions, and Required Fees

Executive Office for Immigration Review

Types of Appeals, Motions, and Required Fees


 
Filing Type Form Required Fee*
Appeal of Immigration Judge decision Yes, EOIR-26 $110.00
Appeal of Immigration Judge decision under law, regulation or directive that does not require a filing fee Yes, EOIR-26 No Fee
Appeal from a DHS Officer decision Yes, EOIR-29 $110.00**
Bond Appeal Yes, EOIR-26 No Fee
Interlocutory Appeal of Immigration Judge decision Yes, EOIR-26 $110.00
Motions to Reopen or Reconsider Before the BIA No $110.00+
Motions to Reopen or Reconsider Before the IJ No $145.00++
Motions that do not require a filing fee either before the BIA or IJ (e.g., motions based exclusively on an asylum claim, law, or regulation).*** No No Fee***
Appeal from a Decision of an Adjudicating Official in a Practitioner Disciplinary Case Yes, EOIR-45 $675.00
 

* A Fee Waiver Request (Form EOIR-26A) can be completed to request a waiver of the associated fees for qualified individuals. (See sections 3.4, paragraph (d) of the Immigration Court Practice Manual and 3.4, paragraph (c) of the BIA Practice Manual.)

** Appeal from a DHS Officer decision – Form EOIR-29, must be filed with, and fee paid to the appropriate DHS office. See Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer | USCIS (Form EOIR-29).

+ See Section 3.4, paragraph (a) of the BIA Practice Manual for a list of the fee-based motions.

++  See Section 3.4, paragraph (b)(1) of the Immigration Court Practice Manual for a list of the fee-based motions.

*** See Sections 3.4, paragraph (b)(2) of the Immigration Court Practice Manual and 3.4, paragraph (b) of the BIA Practice Manual for a list of no fee motions.

List of Downloadable EOIR Forms (justice.gov)

Pay BIA filing fees using EOIR Payment Portal 

 

Updated May 25, 2023