Interim Decision #2964 

MArrhli OF ALEJANDRO 

In Deportation Proceedings 

A-26334316 

Decided by Board May 2, 1981 

Where the Notice of Appeal (Form I-290A) is not accompanied by 

the required fee or a correctly executed affidavit requesting waiver 

of the fee, it is not properly submitted for filing and shall be rejected by the officer having administrative jurisdiction over the case. 

CHARGE: 

Order. Act of 1952—Sec. 241(aX2) [8 U.S.C. § izmaxm—Entered without inapeotion 

ON BEHALF OF RESPONDENT: 

Margo Cowan, Accredited Repreacntative 

El Concilio Manzo, Inc. 

P.O. Box 3007 

Tucson, Arizona 85702 

ON BEHALF OF SERVICE: 

Ira T._ Frank 

General Attorney 

BY: Milhollan, Chairman; Maniatis, Dunne, Morris, and Vacca, Board Members 

The respondent has submitted a Notice of Appeal (Form 1-290A) 

from a decision of an immigration judge dated October 13, 1982, 

finding him deportable under section 241(a)(2) of the Immigration 

and Nationality Act, 8 U.S.C. § 1251(a)(2) (1982), and denying his 

application for asylum and withholding of deportation. The file will 

be returned to the local office without further action. 

According to the regulations, a Notice of Appeal shall be accompanied by the appropriate filing fee. See 8 C.F.R. §§ 3.3(b), 103.7(a) 

(1984). If an alien is unable to pay the filing fee, the regulations 

provide a specific procedure under which prosecution of the appeal 

without payment of fee may be sought. The regulations provide 

that the alien shall file an affidavit x with his Notice of Appeal in 

An affidavit is "a written or printed declaration or stateineut of facts, made voluntarily, and confirmed by the oath or affirmation of the party making it, taken 

before a person having authority to administer such oath or affirmation." Black's 

Lain Dictionary 54 (5th ed. 1979). 

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Interim Decision #2964 

which he states the nature of the appeal, his inability to pay the 

fee, and his belief that he is entitled to redress, and which requests 

permission to prosecute the appeal without prepayment of the fee. 

8 C.F.R. § 3.3(b) (1984). When such an affidavit is filed, the officer 

from whose decision the appeal is taken can certify to the Board 

his reasons for believing that the appeal is not made in good faith. 

The Board may in its discretion authorize the prosecution of an 

appeal without prepayment of a fee. .td. 

Where the Notice of Appeal is not accompanied by the required 

fee or a correctly executed affidavit requesting waiver of the fee, it 

is not properly submitted for filing and shall be rejected by the officer having administrative jurisdiction over the case. In this case, 

the self-styled affidavit attached to the respondent's appeal is neither signed by the respondent nor is it notarized. We find that this. 

appeal has not been correctly filed. As we conclude that this appeal 

is not properly before us, we will return the file to the local office. 2 

ORDER: The record file is returned to the local office without 

further action. 

2This is not a case in which a question arises regarding the timeliness of an otherwise properly filed appeal. See Matter of Torre 19 MN Dec. 18 (BIA 1984); Matter 

of Gamboa, 14 I&N Dec. 244 (B1A 1972). 

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