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Federal Register / Vol. 86, No. 236 / Monday, December 13, 2021 / Rules and Regulations
a. Revising paragraph g introductory text, g1, and g2i through iii;
and b. Adding paragraphs g4 through 9.
The revisions and additions read as follows:

1003.2 Reopening or reconsideration before the Board of Immigration Appeals.

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g Filing procedures. This paragraph applies to the filing of documents related to reopening and reconsideration before the Board.
1 English language and entry of appearance. A motion and any submission made in conjunction with a motion must be in English or accompanied by a certified English translation. If the moving party, other than DHS, is represented, Form EOIR
27, Notice of Entry of Appearance as Attorney or Representative Before the Board, must be filed with the motion.
2
i A motion to reopen or motion to reconsider a decision of the Board pertaining to proceedings before an immigration judge shall be filed directly with the Board. Such motion must be accompanied by a payment in a manner authorized by EOIR or fee waiver request in satisfaction of the fee requirements of 1003.8. The record of proceeding pertaining to such a motion shall be forwarded to the Board upon the request or order of the Board.
ii A motion to reopen or a motion to reconsider a decision of the Board pertaining to a matter initially adjudicated by an officer of DHS shall be filed with the officer of DHS having administrative control over the record of proceeding.
iii If the motion is made by DHS in proceedings in which DHS has administrative control over the record of proceedings, the record of proceedings in the case and the motion shall be filed directly with the Board. If such motion is filed directly with an office of DHS, the entire record of proceeding shall be forwarded to the Board by the DHS
officer promptly upon receipt of the briefs of the parties, or upon expiration of the time allowed for the submission of such briefs.

4 Filing parties. DHS and all attorneys and accredited representatives of record for respondents, applicants, or petitioners are required to electronically file all documents with the Board through EOIRs electronic filing application in all cases eligible for electronic filing. Although not required, unrepresented respondents, applicants, or petitioners; reputable individuals and
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accredited officials who are the representatives of record; other authorized individuals; and practitioners filing an EOIR60, may electronically file documents with the Board through EOIRs electronic filing application in cases eligible for electronic filing. An unrepresented respondent, applicant, or petitioner;
reputable individual; accredited official;
other authorized individual; or practitioner filing an EOIR60, 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 Board for that case unless the Board, 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 indvidual who has been granted leave to opt out of using EOIRs electronic filing application for a case may not subsequently opt in again to use that application for the same case.
5 Filing requirements. Parties must make the originals of all filed documents available upon request to the Board or the opposing party for review.
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. The Board retains discretion to accept paper filings in all cases.
6 Classified information.
Notwithstanding any other provision of this chapter, classified information is never allowed to be electronically filed.
7 Sealed medical documents.
Notwithstanding any other provision of this chapter, parties are not permitted to file electronically any sealed medical documents.
8 Signatures. All documents filed with the Board that require a signature must have an original, handwritten ink signature, an encrypted digital signature, or an electronic signature.

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Electronic filings submitted through EOIRs electronic filing application that require the users signature may have a conformed signature. This paragraph g8 is subject to the requirements of the application or document being submitted.
9 Service. The service of filings with the Board depends on whether the documents are filed through EOIRs electronic filing application or in paper.
i Service of electronic filings. If all parties are using EOIRs electronic filing application in a specific case, the parties do not need to serve a document that is filed through EOIRs electronic filing application on the opposing party.
EOIRs electronic filing application will effectuate service by providing a notification of all electronically filed documents on all parties by email. Upon successful upload by one of the parties, EOIR will email a notification to the email addresses provided in paragraph g9ii of this section. If one or more parties are not filing through EOIRs electronic filing application in a specific case, the parties must follow the service procedures in paragraph g9iii of this section.
ii Valid email address. Use of EOIRs electronic filing application requires a valid email address for electronic service. The Board will use the email address provided through eRegistry for electronic service on participating parties. Users must immediately update their eRegistry account if their email address changes. Representatives must additionally file a new Form EOIR27
with the Board if their email address changes. EOIR will consider service completed when the electronic notification is delivered to the last email address on file provided by the user.
iii Service of paper filings. If electronic filing is not being used in a particular case, the party filing with the Board must serve a copy of the filing on the opposing party and include a certificate of service showing service on the opposing party with their filing. 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 before the immigration judge.

6. Amend 1003.3 by revising paragraphs a2 and 3 and c2 and adding paragraph g to read as follows:
1003.3

Notice of appeal.

a
2 Appeal from decision of a DHS
officer. A party affected by a decision of a DHS officer that may be appealed to the Board under this chapter shall be
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