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EOIR-29 Authority 8 CFR 1003.3.pdf

Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer

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§ 1003.3 Notice of appeal., 8 C.F.R. § 1003.3

Code of Federal Regulations
Title 8. Aliens and Nationality
Chapter V. Executive Office for Immigration Review, Department of Justice (Refs & Annos)
Subchapter A. General Provisions (Refs & Annos)
Part 1003. Executive Office for Immigration Review (Refs & Annos)
Subpart A. Board of Immigration Appeals
8 C.F.R. § 1003.3
§ 1003.3 Notice of appeal.
Currentness

(a) Filing—

(1) Appeal from decision of an immigration judge. A party affected by a decision of an immigration judge which may be
appealed to the Board under this chapter shall be given notice of the opportunity for filing an appeal. An appeal from a
decision of an immigration judge shall be taken by filing a Notice of Appeal from a Decision of an Immigration Judge
(Form EOIR–26) directly with the Board, within the time specified in § 1003.38. The appealing parties are only those
parties who are covered by the decision of an immigration judge and who are specifically named on the Notice of
Appeal. The appeal must reflect proof of service of a copy of the appeal and all attachments on the opposing party. An
appeal is not properly filed unless it is received at the Board, along with all required documents, fees or fee waiver
requests, and proof of service, within the time specified in the governing sections of this chapter. A Notice of Appeal
may not be filed by any party who has waived appeal pursuant to § 1003.39.

(2) Appeal from decision of a Service officer. A party affected by a decision of a Service officer that may be appealed to
the Board under this chapter shall be given notice of the opportunity to file an appeal. An appeal from a decision of a
Service officer shall be taken by filing a Notice of Appeal to the Board of Immigration Appeals from a Decision of an
INS Officer (Form EOIR–29) directly with the office of the Service having administrative control over the record of
proceeding within 30 days of the service of the decision being appealed. An appeal is not properly filed until it is
received at the appropriate office of the Service, together with all required documents, and the fee provisions of § 1003.8
are satisfied.

(3) General requirements for all appeals. The appeal must be accompanied by a check, money order, or fee waiver
request in satisfaction of the fee requirements of § 1003.8. If the respondent or applicant is represented, a Notice of
Entry of Appearance as Attorney or Representative Before the Board (Form EOIR–27) must be filed with the Notice of
Appeal. The appeal and all attachments must be in English or accompanied by a certified English translation.

(b) Statement of the basis of appeal. The party taking the appeal must identify the reasons for the appeal in the Notice of
Appeal (Form EOIR–26 or Form EOIR–29) or in any attachments thereto, in order to avoid summary dismissal pursuant to §
1003.1(d)(2)(i). The statement must specifically identify the findings of fact, the conclusions of law, or both, that are being
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§ 1003.3 Notice of appeal., 8 C.F.R. § 1003.3

challenged. If a question of law is presented, supporting authority must be cited. If the dispute is over the findings of fact, the
specific facts contested must be identified. Where the appeal concerns discretionary relief, the appellant must state whether
the alleged error relates to statutory grounds of eligibility or to the exercise of discretion and must identify the specific factual
and legal finding or findings that are being challenged. The appellant must also indicate in the Notice of Appeal (Form
EOIR–26 or Form EOIR–29) whether he or she desires oral argument before the Board and whether he or she will be filing a
separate written brief or statement in support of the appeal. An appellant who asserts that the appeal may warrant review by a
three-member panel under the standards of § 1003.1(e)(6) may identify in the Notice of Appeal the specific factual or legal
basis for that contention.

(c) Briefs—

(1) Appeal from decision of an immigration judge. Briefs in support of or in opposition to an appeal from a decision of
an immigration judge shall be filed directly with the Board. In those cases that are transcribed, the briefing schedule
shall be set by the Board after the transcript is available. In cases involving aliens in custody, the parties shall be
provided 21 days in which to file simultaneous briefs unless a shorter period is specified by the Board, and reply briefs
shall be permitted only by leave of the Board. In cases involving aliens who are not in custody, the appellant shall be
provided 21 days in which to file a brief, unless a shorter period is specified by the Board. The appellee shall have the
same period of time in which to file a reply brief that was initially granted to the appellant to file his or her brief. The
time to file a reply brief commences from the date upon which the appellant’s brief was due, as originally set or
extended by the Board. The Board, upon written motion, may extend the period for filing a brief or a reply brief for up
to 90 days for good cause shown. In its discretion, the Board may consider a brief that has been filed out of time. All
briefs, filings, and motions filed in conjunction with an appeal shall include proof of service on the opposing party.

(2) Appeal from decision of a Service officer. Briefs in support of or in opposition to an appeal from a decision of a
Service officer shall be filed directly with the office of the Service having administrative control over the file. The alien
and the Service shall be provided 21 days in which to file a brief, unless a shorter period is specified by the Service
officer from whose decision the appeal is taken, and reply briefs shall be permitted only by leave of the Board. Upon
written request of the alien, the Service officer from whose decision the appeal is taken or the Board may extend the
period for filing a brief for good cause shown. The Board may authorize the filing of briefs directly with the Board. In
its discretion, the Board may consider a brief that has been filed out of time. All briefs and other documents filed in
conjunction with an appeal, unless filed by an alien directly with a Service office, shall include proof of service on the
opposing party.

(d) Effect of certification. The certification of a case, as provided in this part, shall not relieve the party affected from
compliance with the provisions of this section in the event that he or she is entitled and desires to appeal from an initial
decision, nor shall it serve to extend the time specified in the applicable parts of this chapter for the taking of an appeal.

(e) Effect of departure from the United States. Departure from the United States of a person who is the subject of deportation
proceedings, prior to the taking of an appeal from a decision in his or her case, shall constitute a waiver of his or her right to
appeal.

(f) Application on effective date. All cases and motions pending on September 25, 2002, shall be adjudicated according to the
rules in effect on or after that date, except that § 1003.1(d)(3)(i) shall not apply to appeals filed before September 25, 2002. A
© 2017 Thomson Reuters. No claim to original U.S. Government Works.

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§ 1003.3 Notice of appeal., 8 C.F.R. § 1003.3

party to an appeal or motion pending on August 26, 2002, may, until September 25, 2002, or the expiration of any briefing
schedule set by the Board, whichever is later, submit a brief or statement limited to explaining why the appeal or motion does
or does not meet the criteria for three-member review under § 1003.1(e)(6).

Credits
[23 FR 9118, Nov. 26, 1958, as amended by Order No. 325–64, 29 FR 14717, Oct. 29, 1964; 48 FR 8040, Feb. 25, 1983; 52
FR 2936, Jan. 29, 1987; 60 FR 34089, June 30, 1995; 61 FR 18906, April 29, 1996; 66 FR 6445, Jan. 22, 2001; 67 FR 54904,
Aug. 26, 2002]

SOURCE: 52 FR 2936, 2941, Jan. 29, 1987; 57 FR 11570, April 6, 1992; 60 FR 29468, June 5, 1995; 61 FR 59305, Nov. 22,
1996; 63 FR 27448, May 19, 1998; 63 FR 31894, June 11, 1998; 64 FR 56141, Oct. 18, 1999; 66 FR 37123, July 17, 2001;
66 FR 54911, Oct. 31, 2001; 66 FR 56976, Nov. 14, 2001; 68 FR 9824, Feb. 28, 2003; 68 FR 9830, Feb. 28, 2003; 71 FR
57884, Oct. 2, 2006; 71 FR 70857, Dec. 7, 2006; 73 FR 33876, June 16, 2008, unless otherwise noted.

AUTHORITY: 5 U.S.C. 301; 6 U.S.C. 521; 8 U.S.C. 1101, 1103, 1154, 1155, 1158, 1182, 1226, 1229, 1229a, 1229b, 1229c,
1231, 1254a, 1255, 1324d, 1330, 1361, 1362; 28 U.S.C. 509, 510, 1746; sec. 2 Reorg. Plan No. 2 of 1950; 3 CFR,
1949–1953 Comp., p. 1002; section 203 of Pub.L. 105–100, 111 Stat. 2196–200; sections 1506 and 1510 of Pub.L. 106–386,
114 Stat. 1527–29, 1531–32; section 1505 of Pub.L. 106–554, 114 Stat. 2763A–326 to –328.

Notes of Decisions (20)

Current through August 31, 2017; 82 FR 41496
End of Document

© 2017 Thomson Reuters. No claim to original U.S. Government Works.

© 2017 Thomson Reuters. No claim to original U.S. Government Works.

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File Typeapplication/pdf
AuthorBurgus, Elizabeth (EOIR)
File Modified2017-09-22
File Created2017-09-22

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