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shown, the time within which the brief may be submitted may be extended. The party taking the appeal may, prior to appellate decision, file a written withdrawal of such appeal. An appeal, crossappeal, answers thereto and accompanying brief, if any, shall become part of the record of proceeding and, if filed by an officer of the Service, a copy shall be served on the party affected.
(b) Dismissal of appeals. Notwithstanding the provisions of paragraph (c) of this section, the officer to whom an appeal is taken may deny oral argument and dismiss any appeal when (1) the party concerned fails to specify the reasons for his appeal, or (2) the appeal is patently frivolous.
(c) Oral argument. If an appeal is taken, request for oral argument, if desired, shall be included in the notice of appeal. The officer to whom the appeal is taken shall have the authority to designate the time, date, and place where oral argument may be heard. Oral argument may be heard by the officer to whom the appeal is taken or by an officer designated by him.
(d) Decisions and precedent decisions. The decision of the Service officer considering the appeal shall be in writing and a copy thereof shall be served upon the applicant, petitioner, or other party affected, or his attorney or representative of record. Those decisions of the Service, the Board of Immigration Appeals (§ 3.1(g) of this chapter), and the Attorney General which are of precedential value are published and may be purchased from the United States Government Printing Office, Washington, D.C., 20402, or examined at the principal field offices of the Service.
[31 F.R. 3062, Feb. 24, 1966, as amended at 32 F.R. 9622, July 4, 1967]
The Commissioner, regional commissioners, associate commissioners, deputy associate commissioners, assistant commissioners, and district directors outside the United States, within their respective areas of responsibility, may direct that any case or classes of cases be certified for decision. The alien or other party affected shall be given notice on Form I-290C of such certification and of his right to submit a brief within 10 days from receipt of the notice. Cases within the appellate jurisdiction of the Service
shall be certified only after an initial decision has been made. In cases within § 3.1(b) of this chapter, the decision of the officer to whom certified, whether made initially or upon review, shall constitute the base decision of the Service from which an appeal may be taken to the Board in accordance with the applicable parts of this chapter. The decision of the Service officer to whom the case has been certified shall be in writing and a copy thereof shall be served upon the applicant, petitioner, or other party affected, or his attorney or representative of record.
[29 F.R. 12583, Sept. 4, 1964, as amended at 32 FR. 15469, Nov. 7, 1967]
§ 103.5 Reopening or reconsideration.
Except as otherwise provided in Part 242 of this chapter, a proceeding authorized under this chapter may be reopened or the decision made therein reconsidered for proper cause upon motion made by the party affected and granted by the officer who has jurisdiction over the proceeding or who made the decision. When the alien is the moving party, a motion to reopen or a motion to reconsider shall be filed in duplicate, accompanied by a supporting brief, if any, and the appropriate fee specified by and remitted in accordance with the provisions of § 103.7, with the district director in whose district the proceeding was conducted for transmittal to the officer having jurisdiction. When an officer of the Service is the moving party, a copy of the motion shall be served on the alien or other party in interest and the motion, together with proof of service, shall be filed directly with the officer having jurisdiction. The party opposing the motion shall have 10 days from the date of service thereof within which he may submit a brief, which period may be extended. If the officer who originally decided the case is unavailable, the motion may be referred to another officer. A motion to reopen shall state the new facts to be proved at the reopened proceeding and shall be supported by affidavits or other evidentiary material. A motion to reconsider shall state the reasons for reconsideration and shall be supported by such precedent decisions as are pertinent. Motions to reopen or reconsider shall state whether the validity of the order has been or is the subject of any judicial
proceeding and, if so, the nature and date thereof, the court in which such proceeding took place or is pending, and its result or status. Rulings upon motions to reopen or motions to reconsider shall be by written decision. The filing of a motion to reopen or a motion to reconsider or of a subsequent application after notice of denial shall not, unless the Service directs otherwise, serve to stay the execution of any decision made in the case or to extend a previously set departure date.
[27 F.R. 7562, Aug. 1, 1962, as amended at 30 F.R. 12772, Oct. 7, 1965; 32 F.R. 271, Jan. 11, 1967]
(a) Posting of surety bonds-(1) Extension agreements; consent of surety; collateral security. All surety bonds posted in immigration cases shall be executed on Form I-352. A district director is authorized to approve a bond, a formal agreement to extension of liability of surety, a request for delivery of collateral security to a duly appointed and undischarged administrator or executor of the estate of a deceased depositor, and a power of attorney executed on Form I-312. All other matters relating to bonds, including a power of attorney not executed on Form I-312 and a request for delivery of collateral security to other than the depositor or his approved attorney in fact, shall be forwarded to the regional commissioner for approval.
(2) Bond riders. Bond riders shall be prepared on Form I-351 and attached to Form I-352. If a condition to be included in a bond is not on Form I-351, a rider containing the condition shall be executed and forwarded with Form I-352 to the regional commissioner for approval.
(b) Acceptable sureties. Either company holding a certificate from the Secretary of the Treasury under 6 U.S.C. 6-13 as an acceptable surety on Federal bonds, or a surety who deposits cash or U.S. bonds or notes of the class described in 6 U.S.C. 15 and Treasury Department regulations issued pursuant thereto and which are not redeemable within 1 year from the date they are offered for deposit is an acceptable surety.
alien dies, departs permanently from the United States, or is naturalized, provided he did not become a public charge prior to his demise, departure, or naturalization. The district director may cancel a public charge bond at any time if he finds that the immigrant is not likely to become a public charge. A bond may also be canceled in order to allow substitution of another bond. Request for cancellation of a public charge bond shall be made on Form I-356.
(c) Cancellation (1) Public charge bonds. A public charge bond posted for an immigrant shall be canceled when the
(2) Maintenance of status and departure bonds. When the status of a nonimmigrant who has violated the conditions of his admission has been adjusted as a result of administrative or legislative action to that of a permanent resident retroactively to a date prior to the violation, any outstanding maintenance of status and departure bond shall be canceled. If an application for adjustment of status is made by a nonimmigrant while he is in lawful temporary status, the bond shall be canceled if his status is adjusted to that of a lawful permanent resident or if he voluntarily departs within any period granted to him. As used in this subparagraph, the term "lawful temporary status" means that there must not have been any break in the approval of the alien's stay and all the time he is in the United States, from the date of admission to the date of departure or adjustment of status, he must have had uninterrupted Service approval in the form of regular extensions of stay or dates set by which departure is to occur, or a combination of both. A maintenance of status and departure bond posted at the request of an American consular officer abroad in behalf of an alien who did not travel to the United States shall be canceled upon receipt of notice from an American consular officer that the alien is outside the United States and the nonimmigrant visa issued pursuant to the posting of the bond has been canceled or has expired.
(3) Substantial performance. Substantial performance of all conditions imposed by the terms of a bond shall release the obligor from liability.
(d) Bond schedules-(1) Blanket bonds for departure of visitors and transits. The amount of bond required for various numbers of nonimmigrant visitors or transits admitted under bond on
A bond shall not be posted for less than $500 or for more than $12,000 irrespective of the number of workers involved. Failure to comply with conditions of the bond will result in the employer's liability in the amount of $75 as liquidated damages for each alien involved.
(e) Breach of bond. A bond is breached when there has been a substantial violation of the stipulated conditions. A final determination that a bond has been breached creates a claim in favor of the United States which may not be released or discharged by a Service officer. The district director having jurisdiction over the place where any immigration bond is retained shall finally determine whether a bond shall be declared breached or cancelled, and shall notify the obligors in writing on Form I-323 or Form I-391 of his decision. [31 F.R. 11713, Sept. 7, 1966, as amended at 32 F.R. 9622, July 4, 1967]
§ 103.7 Fees.
(a) Remittances. Fees shall be submitted with any formal application or petition prescribed in this chapter and shall be in the amount prescribed by law or regulation. When any discretionary relief in exclusion or deportation proceedings is granted absent an application and fee therefor, the district director having jurisdiction over the place where the original proceeding was con
ducted shall require the filing of the application and the payment of the fee. Every remittance shall be accepted subject to collection. A receipt issued by a Service officer for any such remittance shall not be binding if the remittance is found uncollectible. Fees in the form of postage stamps shall not be accepted. Remittances shall be made payable to the "Immigration and Naturalization Service, Department of Justice," except that in the case of applicants residing in the Virgin Islands of the United States, the remittances shall be made payable to the "Commissioner of Finance of the Virgin Islands," and, in the case of applicants residing in Guam, the remittances shall be made payable to the "Treasurer, Guam."
(b) Additional fees-(1) Nonstatutory fees. In addition to the fees enumerated in sections 281 and 344 of the Act, the following fees and charges are prescribed:
For set of monthly, semiannual, or annual tables entitled "Passenger
Travel Reports via Sea and Air”. $2.00 For filing application for transfer of petition for naturalization under section 335 (1) of the Act.. For filing an application for a U.S. Citizens Identification Card.... For filing application for Alien Registration Receipt Card (Form I-151), in lieu of one lost, mutilated or destroyed, or in a changed name__ For filling application for permission to reapply for excluded or deported aliens, aliens who have fallen into distress and have been removed, aliens who have been removed as alien enemies, or aliens who have been removed at Government expense in lieu of deportation__--_. 10.00 For filing application for certificate of
citizenship under section 309 (c)--- 5.00 For filing application for passport or
visa waiver prior to or at the time application is made for temporary admission to the United States___110.00 For filing application for visa waiver
when application is made for admission as a returning resident_-------1 10.00 For filling application for passport waiver prior to or at the time application is made for permanent admission
For filing application for section 316 (b) or 317 benefits.--. For filling appeal from, or motion to reopen or reconsider, any decision under the immigration laws, except an exclusion or deportation proceeding. (The minimum fee of $10 shall be charged whenever an appeal or
1 Plus communication costs.
For filing appeal from, or a motion to reopen or reconsider, a decision in an exclusion or deportation proceeding, except when a motion to reopen or reconsider is made concurrently with an application for stay of deportation under Part 243 of this chapter or concurrently with an application for temporary withholding of deportation under section 243 (h) of the Act, or concurrently with an application for suspension of deportation under section 244 of the Act, for adjustment of status under section 245 of the Act, or for creation of a record of lawful admission for permanent residence under section 249 of the Act. (The minimum fee of $25 shall be charged whenever an appeal or motion is filed by or on behalf of two or more aliens and all such aliens are covered by one decision.)
For filing application for school approval, except in the case of school or school system owned or operated as a public educational institution or system by the United States or a state or political subdivision thereof____
For filing application for discretionary relief under section 212(c). For filing application for discretionary relief under section 212(d)(3), except in an emergency case, or the granting of the application is in the interest of the United States Government
For filing application for stay of deportation under Part 243 of this chapter
For filing application for adjustment of status under section 13 of the Act of September 11, 1957----For special statistical tabulations a charge will be made to cover the cost of the work involved.
grounds of excludability under section 212 (h) or (1) of the Act (only a single application and fee shall be required when the alien is applying simultaneously for a waiver under both those sections).
(2) 5 U.S.C. 552 fees. For the services expended in locating or making avail
(f) For each attestation under seal__ Except as otherwise provided in § 3.3(b) of this chapter, any of the foregoing fees relating to applications, appeals, and motions may be waived in any case in which an alien or other party affected is unable to pay the prescribed fee if he files with the relating application, appeal, or motion his affidavit stating the nature thereof, his belief that he is entitled to redress, and his inability to pay the required fee, and shall request permission to prosecute the application, appeal, or motion without prepayment of such fee. When such an affidavit is filed with the officer of the Service having jurisdiction to render a decision on the application, appeal, or motion, such officer may, in his discretion, authorize the prosecution of the relating application, appeal, or motion without prepayment of fee.
[23 FR. 9121, Nov. 26, 1958, as amended at 26 F.R. 12111, Dec. 19, 1961; 27 F.R. 2681, Mar. 22, 1962; 27 F.R. 6748, July 17, 1962; 28 F.R. 209, Jan. 9, 1963; 28 F.R. 2268, Mar. 8, 1963; 28 F.R. 10451, Sept. 27, 1963; 29 F.R. 6275, May 13, 1964; 30 F.R. 918, Jan. 29, 1965; 30 F.R. 1030, Feb. 2, 1965; 30 F.R. 13682, Nov. 2, 1965; 30 F.R. 13936, Nov. 4, 1965; 30 F.R. 14772, Nov. 30, 1965; 32 F.R. 9623, July 4, 1967; 32 F.R. 10433, July 15, 1967; 32 F.R. 13755, Oct. 3, 1967]
§ 103.8 Definitions pertaining to availability of information.
As used in this part the following definitions shall apply:
(a) The term "decision" means a final written determination in a proceeding
under the Act accompanied by a statement of reasons. Orders made by check marks, stamps, or brief endorsements which are not supported by a reasoned explanation, or those incorporating preprinted language on Service forms are not "decisions".
(b) The term "records" includes records of proceedings, documents, reports, and other papers maintained by the Service.
(c) The term "record of proceeding" is the official history of any hearing, examination, or proceeding before the Service, and in addition to the application, petition, order to show cause, or other initiating document, includes the transcript of hearing or interview, exhibits, and any other evidence relied upon in the adjudication; papers filed in connection with the proceeding, including motions and briefs; the Service officer's determination; notice of appeal or certification; the Board or other appellate determination; motions to reconsider or reopen; and documents submitted in support of appeals, certifications, or motions.
[32 F.R. 9623, July 4, 1967]
§ 103.9 Availability of decisions and interpretive material.
(a) Precedent decisions. There may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402, bound volumes of designated precedent decisions entitled "Administrative Decisions Under Immigration and Nationality Laws of the United States," each containing a cumulative index. Prior to publication in volume form current precedent decisions, known as interim decisions, are obtainable from the Superintendent of Documents on a single copy or yearly subscription basis. Bound volumes and current precedent decisions may be read at principal Service offices.
(b) Unpublished decisions. Each district director in the United States will maintain copies of unpublished Service and Board decisions relating to proceedings in which the initial decision was made in his district. Each regional commissioner will maintain copies of unpublished decisions made by him. The Central Office will maintain copies on a national basis of unpublished Service decisions.
(c) Deletion of identifying details. To the extent required to prevent a clearly unwarranted invasion of personal
privacy, the officer who makes the decision shall provide for deletions of names and such other identifying data as he deems appropriate from copies of decisions which are made available.
(d) Statements of policy, interpretations, manuals, instructions to staff. Statements of policy, interpretations, and those manuals and instructions to staff (or portions thereof), affecting the public, will be made available at district offices in the United States and at the Central Office with an accompanying index of any material which is issued on or after July 4, 1967.
(e) Public reading rooms. The Central Office and each district office in the United States will provide a reading room or reading area where the material described in this section will be made available to the public. Additional materials will be made available in the public reading rooms, including the immigration and nationality laws, Title 8 of the United States Code Annotated, Title 8 of the Code of Federal Regulations, and a complete set of the forms listed in Parts 299 and 499 of this chapter. Fees will not be charged for providing access to any of these materials, but fees in accordance with § 103.7(b) will be charged for furnishing copies. [32 F.R. 9623, July 4, 1967]
(a) Availability of records generally. A request for a record will be submitted in accordance with paragraphs (c) and (d) of this section on Form N-585. The form concerning such a request will be forwarded by the office receiving it to the Commissioner for transmission to the Deputy Attorney General pursuant to 28 CFR 16.6(b). When the requested record is identified and located a copy thereof will be forwarded with the form and with the recommendation of the receiving office. When the requested record cannot be identified or located, a brief summary of the action taken to identify and locate it and a copy of the application form shall be submitted in the same manner to the Deputy Attorney General.
(b) Requests which may be approved by Service officers. Notwithstanding the provisions of paragraph (a) of this section, the following types of requests for information and records may be granted by the head of the office to which the request is submitted and without submission to the Deputy Attorney General: