Reference Citation

Department of Homeland Security

§ 103.17

(c) Referral of cases to the Attorney
General. (1) The Board shall refer to the
Attorney General for review of its decision all cases which:
(i) The Attorney General directs the
Board to refer to him.
(ii) The Chairman or a majority of
the Board believes should be referred to
the Attorney General for review.
(iii) The Secretary of Homeland Security, or specific officials of the Department of Homeland Security designated by the Secretary with the concurrence of the Attorney General, refers to the Attorney General for review.
(2) In any case the Attorney General
decides, the Attorney General’s decision shall be stated in writing and shall
be transmitted to the Board or Secretary, as appropriate, for transmittal
and service as provided in paragraph (c)
of this section or 8 CFR 1003.1(h)(2).
(d) Publication of Secretary’s precedent
decisions. The Secretary of Homeland
Security, or specific officials of the Department of Homeland Security designated by the Secretary with the concurrence of the Attorney General, may
file with the Attorney General Service
precedent decisions as set forth in
§ 103.3(c).
(e) Precedent decisions. Bound volumes
of designated precedent decisions, entitled ‘‘Administrative Decisions under
Immigration and Nationality Laws of
the United States,’’ may be purchased
from the Superintendent of Documents, U.S. Government Printing Office. Prior to publication in volume
form, current precedent decisions are
available from the Department of Justice, Executive Office for Immigration
Review’s Virtual Law Library at: http://
www.justice.gov/eoir/vll/libindex.html.
(f) [Reserved]

ance with 8 CFR 103.2(b)(9). DHS may
collect and store for present or future
use, by electronic or other means, the
biometric information submitted by an
individual. DHS may use this biometric
information to conduct background
and security checks, adjudicate immigration and naturalization benefits,
and perform other functions related to
administering and enforcing the immigration and naturalization laws.
(b) Individuals residing abroad. An individual who is required to provide biometric information and who is residing
outside of the United States must report to a DHS-designated location to
have his or her biometric information
collected, whether by electronic or
non-electronic means.
[76 FR 53782, Aug. 29, 2011]

§ 103.17

[68 FR 9832, Feb. 28, 2003. Redesignated and
amended at 76 FR 53781, Aug. 29, 2011]

Subpart B—Biometric
Requirements

Lhorne on DSK5TPTVN1PROD with CFR

Biometric service fee.

(a) Required fees. DHS will charge a
fee, as prescribed in 8 CFR 103.7(b)(1),
for collecting biometric information at
a DHS office, other designated collection site overseas, or a registered State
or local law enforcement agency designated by a cooperative agreement
with DHS to provide biometric collection services, to conduct required law
enforcement checks, and to maintain
this biometric information for reuse to
support other benefit requests. Requests for benefits must be submitted
with the biometric service fee for all
individuals who are required to submit
biometric information and a biometric
services fee and who reside in the
United States at the time of filing for
the benefit.
(b) Non-payment of biometric service
fee. (1) If a benefit request is received
by DHS without the correct biometric
service fee, DHS will notify the applicant, petitioner, and, when appropriate, the applicant or petitioner’s
representative, of the deficiency, and
no further action will be taken on the
benefit request until payment is received. Failure to submit the correct
biometric service fee in response to a
notice of deficiency within the time allotted in the notice will result in denial of the benefit request. There is no
appeal from the denial of a benefit request for failure to submit the correct

§ 103.16 Collection, use and storage of
biometric information.
(a) Use of biometric information. Any
individual may be required to submit
biometric information if the regulations or form instructions require such
information or if requested in accord-

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