8 C.F.R. § 1003.8

Fees before the Board

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(a) Appeals and motions before the Board—(1) When a fee is required. Except as provided in paragraph (a)(2) of this section and 8 CFR 1208.4(d)(3), a filing fee prescribed in 8 CFR 1103.7, or a fee waiver request pursuant to paragraph (a)(3) of this section, is required in connection with the filing of an appeal, a motion to reopen, or a motion to reconsider before the Board.

(2) When a fee is not required. A filing fee is not required in the following instances:

(i) A custody bond appeal filed pursuant to § 1003.1(b)(7);

(ii) A motion filed while an appeal, a motion to reopen, or a motion to reconsider is already pending before the Board;

(iii) A motion requesting only a stay of removal, deportation, or exclusion;

(iv) Any appeal or motion filed by the Department of Homeland Security;

(v) A motion that is agreed upon by all parties and is jointly filed; or

(vi) Any appeal or motion filed under a law, regulation, or directive that specifically does not require a filing fee.

(3) When a fee may be waived. The Board has the discretion to waive a fee for an appeal, motion to reconsider, or motion to reopen upon a showing that the filing party is unable to pay the fee. Fee waivers shall be requested through the filing of a Fee Waiver Request (Form EOIR-26A), including the declaration to be signed under penalty of perjury substantiating the filing party's inability to pay the fee. The fee waiver request shall be filed along with the Notice of Appeal or the motion. If the fee waiver request does not establish the inability to pay the required fee, the appeal or motion will not be deemed properly filed, provided the Board grants 15 days to re-file the rejected document with the filing fee or new fee waiver request and tolls any applicable filing deadline during the 15-day cure period.

(4) Method of payment. When a fee is required, the appeal or motion shall be accompanied by proof of payment of the filing fee.

(i) In general. Except as provided in paragraph (a)(4)(ii) of this section, the fee for filing an appeal or motion with the Board, as set forth in 8 CFR 1103.7(b), shall be paid in a manner and form authorized by EOIR.

(ii) Appeals from Department of Homeland Security decisions. The fee for filing an appeal, within the jurisdiction of the Board, from the decision of a Department of Homeland Security officer shall be paid to the Department of Homeland Security in accordance with § 1103.7(b).

(b) Applications for relief. When a motion before the Board is based upon an application for relief, only the fee for the motion to reopen shall be paid to the Board, and payment of the fee for the application for relief shall not accompany the motion. If the motion is granted and proceedings are remanded to the immigration judge, the application fee shall be paid in the manner specified in 8 CFR 1003.24(c)(1).

[69 FR 44906, July 28, 2004, as amended at 85 FR 81750, Dec. 16, 2020; 85 FR 82793, Dec. 18, 2020; 86 FR 70721, Dec. 13, 2021; 91 FR 35374, June 11, 2026]

Notes of Decisions

Cited in 13 cases (4 in the last 5 years), 2005–2026 · leading case: Gonzalez Romo, 26 I. & N. Dec. 743 (BIA 2016).

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Gonzalez Romo, 26 I. & N. Dec. 743 (BIA 2016). “The respondent’s fee waiver request is granted pursuant to 8 C.F.R. § 1003.8 (a)(3) (2016). The respondent is a native and citizen of Mexico who became a lawful permanent resident of the United States on November 18, 1999.”

Pedroza, 25 I. & N. Dec. 312 (BIA 2010). “The respondent’s request to proceed on appeal in forma pauperis is granted under 8 C.F.R. § 1003.8 (a)(3) (2010). Matter of Chicas, 19 I&N Dec.”

Moreno-escobosa, 25 I. & N. Dec. 114 (BIA 2009). “The respondent’s request for a waiver of the filing fee for the appeal is granted pursuant to 8 C.F.R. § 1003.8 (a)(3) (2009). The appeal will be sustained and the record will be remanded to the Immigration Judge for further proceedings.”

Garcia Martinez, 29 I. & N. Dec. 169 (BIA 2025). · cites it 4× “§ 1356 (m), in 8 C.F.R. §§ 1003.8 , 1003.24, and 1103.7 (2025).”

Catholic Legal Immigr. Network, Inc. v. Exec. Off. for Immigr. Review (D.D.C. 2026). · cites it 2× “at 82755, 82762, 82775, 82779 (referencing the availability of fee waivers); 8 C.F.R. §§ 1003.8 (a)(3), 1003.24(d), 1103.”

Shivmangal v. Mukasey, 293 F. App'x 793 (2d Cir. 2008). · cites it 2× “8 C.F.R. § 1003.8 provides that a filing fee or a fee waiver request is required in connection with a motion to reopen before the BIA.”

Seema Patel v. U.S. Attorney Gen., 669 F. App'x 973 (11th Cir. 2016). “” 8 C.F.R. § 1003.8 (c)(1). Thus, we review the BIA’s decision not to consider a late-filed brief for abuse of discretion.”

Morales-morales (BIA 2023). “11, 2022) (to be codified at 8 CFR § 1003.8 (a)(3)) (addressing appeal fee waiver request); see also id.”

Ramos Carrillo v. Bondi (2d Cir. 2025). “at 3; see 8 C.F.R. § 1003.8 (a)(3). And in their brief 9 here, Petitioners do not challenge the BIA’s summary dismissal of the appeal as 10 untimely.”

Ezeanuna v. Attorney Gen., 280 F. App'x 139 (3rd Cir. 2008). “8 C.F.R. § 1003.8 (2006). Finally, although attorney conduct can provide a basis for equitable tolling of the ninety-day deadline, see Mahmood v.”

Martins v. Attorney Gen. of the United States, 306 F. App'x 802 (3rd Cir. 2009). “See 8 C.F.R. § 1003.8 (vii). We agree. In keeping the fee, the BIA erred in concluding that Martins’s motion was not a true joint motion.”

Ivan Batinic v. Eric Holder, Jr., 552 F. App'x 656 (9th Cir. 2014). “8 C.F.R. § 1003.8 (c)(1) (“The [BIA], upon written motion, may extend the period for filing a brief.”

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