U.S. Department of Justice

EOIR BIA Decision

The Board of Immigration Appeals has issued a decision in Matter of GARCIA MARTINEZ, 29 I&N Dec. 169 (BIA 2025).

(1) A non-detained alien who is represented by private counsel is presumed to have the ability to pay any requisite filing fee before the Immigration Judge and the Board.

(2) A fee waiver request from a non-detained adult alien that contains zeros in all income blocks is presumptively invalid.

                                                                                        
Executive Office for Immigration Review
Office of Policy
PAO.EOIR@usdoj.gov
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