The Executive Office of Immigration Review, the Justice Department agency in charge of administering U.S. Immigration Courts, has proposed a massive fee increase for the filing of certain applications and appeals. The fee increases are substantial—for example, the filing fee for an appeal of a decision of an Immigration Judge to the Board of Immigration Appeals is proposed to move from $110.00 to $975.00. Other increases include more than tripling the filing fee for filing and application for Cancellation of Removal (EOIR-42A and EOIR-42B applications). Such a substantial increases would obviously limit the number of appeals being filed and infringe substantially on the due process rights of litigants with valid defenses in immigration court.
The Trump Administration has appointed new Immigration Judges to the Immigration Court bench over the last several years; however, many of those Immigration Judges lack experience in immigration law. Moreover, a significant number of the appointments are former Department of Homeland Security prosecutors who, while well-versed in aspects of immigration law, have a biased approach to resolution of immigrants’ cases. Given this reality, the need for immigrants and their counsel to effectively and reasonably appeal erroneous decisions of Immigration Judges to the Board of Immigration Appeals is vital to preservation of immigrants’ rights under the law. The proposed fee increases place yet another burden on immigrants as they navigate a complex legal system, often, with limited resources.
Should you have any questions about filing an appeal of a decision of an Immigration Judge or if you need advice about filing a Motion to Reopen a decision of an Immigration Judge, please contact Stephen Antwine, Esq. at santwine@gands-us.com
