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Federal Register / Vol. 86, No. 236 / Monday, December 13, 2021 / Rules and Regulations given notice of the opportunity to file an appeal. An appeal from a decision of a DHS officer shall be taken by filing a Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer Form EOIR29 directly with the DHS office having administrative control over the record of proceeding within 30 days of the service of the decision being appealed. An appeal is not properly filed until it is received at the appropriate DHS office, together with all required documents, and the fee provisions of 1003.8 are satisfied.
3 General requirements for all appeals. The appeal 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. If the respondent or applicant is represented, a Notice of Entry of Appearance as Attorney or Representative Before the Board Form EOIR27 must be filed with the Notice of Appeal. The appeal and all attachments must be in English or accompanied by a certified English translation.

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2 Appeal from decision of a DHS
officer. Briefs in support of or in opposition to an appeal from a decision of a DHS officer shall be filed directly with the DHS office having administrative control over the file. The alien and DHS shall be provided 21
days in which to file a brief, unless a shorter period is specified by the DHS
officer from whose decision the appeal is taken, and reply briefs shall be permitted only by leave of the Board.
Upon written request of the alien, the DHS officer from whose decision the appeal is taken or the Board may extend the period for filing a brief for good cause shown. The Board may authorize the filing of briefs directly with the Board. In its discretion, the Board may consider a brief that has been filed out of time. All briefs and other documents filed in conjunction with an appeal, unless filed by an alien directly with a DHS office, shall include proof of service on the opposing party.

g Filing. This paragraph applies to the filing of documents related to appeals before the Board.
1 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,
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unrepresented respondents, applicants, or petitioners; reputable individuals and 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 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.
2 Filing requirements. Parties must make the originals of all filed documents available upon request to the Board or to 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.
3 Classified information.
Notwithstanding any other provision of this chapter, classified information is never allowed to be electronically filed.
4 Sealed medical documents.
Notwithstanding any other provision of this chapter, parties are not permitted to file electronically any sealed medical documents.
5 Signatures. All documents filed with the Board that require a signature
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must have an original, handwritten ink signature, an encrypted digital signature, or an electronic signature.
Electronic filings submitted through EOIRs electronic filing application that require the users signature may have a conformed signature. This paragraph is subject to the requirements of the application or document being submitted.
6 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 g6ii 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 g6iii 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.
7. Amend 1003.8 by revising the last sentence of paragraph a3 to read as follows:
1003.8

Fees before the Board.

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3 If the fee waiver request does not establish the inability to pay the required fee, the appeal or motion will not be deemed properly filed, provided the Board grants 15 days to refile the rejected document with the filing fee or new fee waiver request and
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