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Federal Register / Vol. 86, No. 236 / Monday, December 13, 2021 / Rules and Regulations in paper, the motion must be filed in duplicate with the immigration court.

11. Amend 1003.24 by revising the last sentence of paragraph d to read as follows:

tolls any applicable filing deadline during the 15-day cure period.

1003.13

Amended
8. Amend 1003.13 by removing the definitions of Filing and Service.
9. Amend 1003.17 by revising paragraph a to read as follows:

1003.17

1003.24 Fees pertaining to matters within the jurisdiction of an immigration judge.

Appearances.

a In any proceeding before an immigration judge in which the alien is represented, the attorney or representative shall file a Notice of Entry of Appearance on Form EOIR28
with the immigration court, and shall serve a copy of the Notice of Entry of Appearance on DHS as required by 1003.32. The entry of appearance of an attorney or representative in a custody or bond proceeding shall be separate and apart from an entry of appearance in any other proceeding before the immigration court. An attorney or representative may file a Form EOIR28
indicating whether the entry of appearance is for custody or bond proceedings only, any other proceedings only, or for all proceedings. Such Notice of Entry of Appearance must be filed and served even if a separate Notice of Entry of Appearances has previously been filed with DHS for appearances before DHS.

10. Amend 1003.23 by revising paragraph b1ii to read as follows:
1003.23 Reopening or reconsideration before the immigration court.

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b
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ii Filing. Motions to reopen or reconsider a decision of an immigration judge must be filed with the immigration court having administrative control over the Record of Proceeding.
If necessary under 1003.32, a motion to reopen or a motion to reconsider shall include a certificate showing service on the opposing party of the motion and all attachments. If the moving party is not DHS, service of the motion shall be made upon the ICE Office of the Principal Legal Advisor for the field location in which the case was completed. If the moving party, other than DHS, is represented, a Form EOIR
28, Notice of Appearance as Attorney or Representative Before an Immigration Judge must be filed with the motion. For any motion requiring a fee, that motion must be accompanied by a fee receipt, an alternate proof of payment consistent with 1103.7a3, or a fee waiver request pursuant to 1103.7c. If filed
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d If the request for a fee waiver is denied, the application or motion will not be deemed properly filed, provided the immigration judge grants 15 days to re-file the rejected document with the filing fee or new fee waiver request and tolls any applicable filing deadline during the 15-day cure period.
12. Revise 1003.31 to read as follows:
1003.31 Filing documents and applications.

This section applies to the filing of all documents, including motions and applications, before the immigration courts.
a Filing parties. DHS and all attorneys and accredited representatives of record for persons appearing before the immigration courts are required to electronically file all documents, including charging documents, with the immigration courts through EOIRs electronic filing application in all cases eligible for electronic filing. Although not required, unrepresented respondents or applicants; reputable individuals and accredited officials who are representatives of record; other authorized individuals; and practitioners filing an EOIR61, may electronically file documents with the immigration courts through EOIRs electronic filing application in cases eligible for electronic filing. An unrepresented respondent or applicant;
reputable individual; accredited official;
other authorized individual; or practitioner filing an EOIR61, who elects to use EOIRs electronic filing application shall be required to register with EOIR as a condition of using that application. If a party not required to file electronically opts to use EOIRs electronic filing application for a case, the individual must electronically file all documents with the immigration courts for that case unless an immigration judge, only upon a motion filed by the individual with good cause shown, grants leave to opt out of using the electronic filing application. Such an individual who has been granted leave to opt out of using EOIRs electronic filing application for a case may not subsequently opt in to use that application for the same case.

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b Filing requirements. If EOIRs electronic filing application is unavailable due to an unplanned system outage on the last day for filing in a specific case, then the filing deadline will be extended to the first day that the electronic filing application becomes accessible that is not a Saturday, Sunday, or legal holiday. For planned system outages, parties must electronically file documents during system availability within the applicable filing deadline or paper file documents within the applicable filing deadline. EOIR will issue public communications for planned system outages ahead of the scheduled outage.
Any planned system outage announced five or fewer business days prior to the start of the outage will be treated as an unplanned outage. In all other situations in cases eligible for electronic filing, an immigration judge retains the discretion to accept paper filings in all cases.
c Originals. Parties must make the originals of all filed documents available upon request to the immigration court or the opposing party for review.
d Classified information.
Notwithstanding any other provision of this chapter, classified information is never allowed to be electronically filed.
e Sealed medical documents.
Notwithstanding any other provision of this chapter, parties are not permitted to file electronically any sealed medical documents.
f Where to file. All documents that are to be considered in a proceeding before an immigration judge must be filed with the immigration court having administrative control over the Record of Proceeding.
g Fees. Except as provided in 1240.11f of this chapter, all documents or applications filed with the immigration courts requiring the payment of a fee must be accompanied by a fee receipt from DHS, alternate proof of payment consistent with 1103.7a3 of this chapter, or a fee waiver request pursuant to 1103.7c.
Except as provided in 1003.8, any fee relating to immigration judge proceedings shall be paid to, and accepted by, any DHS office authorized to accept fees for other purposes pursuant to 1103.7a.
h Filing deadlines. The immigration judge may set and extend time limits for the filing of applications and related documents and responses thereto, if any. If an application or document is not filed within the time set by the immigration judge, the opportunity to file that application or document shall be deemed waived.

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