If you are a Guatemalan with a case in US immigration court, the court itself charges fees that are separate from what USCIS charges. The One Big Beautiful Bill Act (OBBBA), law since July 4, 2025, added an OBBBA fee to court appeals, motions and applications, and requires that fee to be adjusted for inflation every year. This page puts the fiscal year 2027 court fees in one table, effective October 1, 2026, and explains which motions are free, how fee waivers work and how to pay. For what each filing is used for, see the linked pages; this page covers only the money.
Quick summary: From October 1, 2026 (FY2027): appeal of a judge’s decision (EOIR-26) $1,060; motion to reopen or reconsider before a judge $1,095, before the BIA $1,060, or $950 if based exclusively on a fee-free application; EOIR-42A and EOIR-40 $730; EOIR-42B (cancellation for non-permanent residents) $1,690. EOIR’s fees page (updated October 5, 2026) lists the Annual Asylum Fee at $105, with no waiver. Bond appeals and motions to reopen an in absentia order for no notice or custody cost $0. Since February 23, 2026, fees are paid only through the EOIR Payment Portal, not by check or money order. Sources: Federal Register 2026-17146 and EOIR’s fees page, both checked October 21, 2026.
The FY2027 court fee table
Federal Register document 2026-17146 (91 FR 54211, published August 21, 2026) sets these amounts for filings with the immigration courts or the Board of Immigration Appeals on or after October 1, 2026. The total column is each OBBBA fee plus the court’s older fee under INA section 286(m); the rule says the totals exclude any biometrics fees.
| Filing | FY2026 OBBBA fee | Inflation adjustment | FY2027 OBBBA fee | EOIR 286(m) fee | FY2027 total |
|---|---|---|---|---|---|
| Form EOIR-26, appeal from an immigration judge’s decision | $920 | $30 | $950 | $110 | $1,060 |
| Form EOIR-29, appeal to the BIA from a DHS officer’s decision | $920 | $30 | $950 | $110 | $1,060 |
| Form EOIR-45, appeal in a practitioner disciplinary case | $1,355 | $40 | $1,395 | $675 | $2,070 |
| Motion to reopen or reconsider a decision of an immigration judge | $920 | $30 | $950 | $145 | $1,095 |
| Motion to reopen or reconsider a decision of the BIA | $920 | $30 | $950 | $110 | $1,060 |
| Motion to reopen based exclusively on an application for relief that does not require a fee | $920 | $30 | $950 | $0 | $950 |
| Motion to reconsider based exclusively on a prior application for relief that did not require a fee | $920 | $30 | $950 | $0 | $950 |
| Form EOIR-40, suspension of deportation | $610 | $20 | $630 | $100 | $730 |
| Form EOIR-42A, cancellation of removal for certain permanent residents | $610 | $20 | $630 | $100 | $730 |
| Form EOIR-42B, cancellation of removal for certain nonpermanent residents | $1,540 | $50 | $1,590 | $100 | $1,690 |
EOIR’s own fees page, updated October 5, 2026 and checked October 21, 2026, shows the same totals for the appeals and motions, and adds two rows the Federal Register table does not carry:
| Filing (EOIR fees page) | Fee | Note on the page |
|---|---|---|
| Bond appeal (Form EOIR-26) | No fee | |
| Annual Asylum Fee (AAF) | $105 | No fee waiver or reduction permitted |
The EOIR-29 appeal is filed with, and the fee is paid to, the appropriate DHS office, not EOIR, according to the same page.
How the October adjustment works
The Federal Register rule explains that OBBBA (Public Law 119-21) introduced new fees for EOIR applications, motions and appeals beginning in FY2025 and requires the Attorney General to update them for inflation every year. The formula adds to last year’s OBBBA fee that fee multiplied by the percentage (if any) by which the July CPI-U exceeds the July CPI-U of the year before. For FY2027 that percentage is 3.4 percent (July 2026 against July 2025). The result is rounded down to the nearest multiple of $10, or to the nearest dollar for the Annual Asylum Fee.
Three points from the same rule:
- The FY2027 amounts are required for filings on or after October 1, 2026, the first day of FY2027.
- EOIR will continue to reject any filing that is not accompanied by a proper filing fee or a request for an applicable fee waiver.
- The rule does not change any fee exceptions or waivers, and EOIR’s schedule does not contain the fees for DHS application forms used in court. Those are governed by 8 CFR 103.7 and 8 CFR part 106, the USCIS fee rules. For a USCIS-form example, see our page on NACARA 203, which lists the separate court fee for Form I-881.
Motions that need no fee
8 CFR 1003.24(b)(2) lists the motions for which a filing fee is not required:
| No fee required for | Rule |
|---|---|
| A motion filed while proceedings are already pending before the immigration court | 1003.24(b)(2)(i) |
| A motion requesting only a stay of removal, deportation or exclusion | 1003.24(b)(2)(ii) |
| A motion to reopen an order entered in absentia, filed under 8 U.S.C. 1229a(b)(5)(C)(ii) (or former section 242B(c)(3)(B) as it existed before April 1, 1997) | 1003.24(b)(2)(iii) |
| Any motion filed by DHS | 1003.24(b)(2)(iv) |
| A motion agreed upon by all parties and jointly filed | 1003.24(b)(2)(v) |
| Any motion filed under a law, regulation or directive that specifically does not require a filing fee | 1003.24(b)(2)(vi) |
The in absentia exception covers the no notice and federal or state custody grounds. A motion based on exceptional circumstances is not in that row. Our page on in absentia removal orders explains both grounds and their deadlines.
Fee waivers
Under 8 CFR 1003.24(d):
- The immigration judge has discretion to waive a fee for a motion or an application for relief upon a showing that the filing party is unable to pay.
- Exceptions: 8 CFR 1103.7(b)(4)(iii) and 1208.3(a).
- The request must be accompanied by a properly executed affidavit or unsworn declaration under 28 U.S.C. 1746 substantiating the inability to pay.
- If the waiver is denied, the regulation says the application or motion will not be deemed properly filed, provided the judge grants 15 days to re-file with the fee or a new waiver request and tolls any applicable filing deadline during that 15-day cure period.
The Annual Asylum Fee has no waiver: EOIR’s fees page says “No fee-waiver or reduction in fee is permitted”.
Motion to reopen with an application for relief
8 CFR 1003.24(c)(2) says that when a motion to reopen is based on an application for relief, you pay the motion fee and attach proof of payment, but not the application fee. If the motion is granted and proceedings are reopened, the application fee is paid within the time the immigration judge specifies.
The Annual Asylum Fee in court
EOIR’s fees page says: “Any alien who had an asylum application pending for one year or more on or after October 1, 2025, must pay an AAF”. An application that remains pending for another 365 days after the first AAF was due, and each year after that, is also subject to the fee. The immigration judge or the Board provides a written order about the payment, and the fee is paid through the EOIR Payment Portal, choosing it in the portal’s Filing Type drop-down menu, per EOIR. For asylum cases filed with USCIS, and the USCIS fee schedule, see our asylum guide for Guatemalans.
How to pay
EOIR’s fees page: “As of Monday, February 23, 2026, EOIR will no longer accept checks or money orders for immigration fees paid to EOIR.” All EOIR immigration fees must be submitted by electronic payment through the EOIR Payment Portal. The Federal Register rule says EOIR will update the amounts each year on its website and on the Payment Portal.
Get qualified help
Which filing you need, and whether a fee waiver fits your situation, are legal questions. Talk to a licensed immigration attorney or an accredited representative; our guide to avoiding notario fraud and finding accredited help shows how to check who you hire.
Related pages
- Cancellation of removal after 10 years (EOIR-42B)
- In absentia removal orders: deadlines to reopen
- Master calendar hearing: what happens at your first hearing
- How to check your immigration court case (EOIR)
- Voluntary departure for Guatemalans
Sources
- Federal Register 2026-17146, Inflation Adjustment for EOIR OBBBA Fees, Fiscal Year 2027 (91 FR 54211, August 21, 2026; effective October 1, 2026): https://www.federalregister.gov/documents/2026/08/21/2026-17146/inflation-adjustment-for-eoir-obbba-fees-fiscal-year-2027
- EOIR, Types of Appeals, Motions, and Required Fees (updated October 5, 2026): https://www.justice.gov/eoir/types-appeals-motions-and-required-fees
- 8 CFR 1003.24, eCFR (current): https://www.ecfr.gov/current/title-8/section-1003.24
All sources checked October 21, 2026. General information, not legal advice.
Frequently Asked Questions
How much does it cost to appeal an immigration judge's decision in 2026?
$1,060 for Form EOIR-26, for filings on or after October 1, 2026. Federal Register document 2026-17146 breaks it into a $950 FY2027 OBBBA fee plus the $110 EOIR fee under INA 286(m). An appeal of a bond decision has no fee, according to EOIR’s fees page.
How much is a motion to reopen in immigration court?
$1,095 for a motion to reopen or reconsider before an immigration judge and $1,060 before the Board of Immigration Appeals. The fee is $950 when the motion to reopen is based exclusively on an application for relief that does not require a fee, or the motion to reconsider is based exclusively on a prior application that did not require a fee. A motion to reopen an in absentia order under INA 240(b)(5)(C)(ii) has no fee.
What is the EOIR-42B fee for cancellation of removal?
$1,690 for filings on or after October 1, 2026, according to the FY2027 table in Federal Register document 2026-17146: a $1,590 OBBBA fee plus the $100 EOIR fee. The table’s total column excludes any biometrics fees.
How much is the Annual Asylum Fee in immigration court?
EOIR’s fees page (updated October 5, 2026) lists $105. It says no fee waiver or reduction is permitted, that the immigration judge or the Board will provide a written order about paying it, and that it is paid through the EOIR Payment Portal.
Can I pay EOIR fees by check or money order?
No. EOIR’s fees page says that as of February 23, 2026, EOIR no longer accepts checks or money orders and all EOIR immigration fees must be paid electronically through the EOIR Payment Portal.
Can the immigration judge waive the fee?
Under 8 CFR 1003.24(d), the immigration judge has discretion to waive a fee for a motion or application upon a showing that you are unable to pay, except as provided in 8 CFR 1103.7(b)(4)(iii) and 1208.3(a). The request needs an affidavit or an unsworn declaration under 28 U.S.C. 1746. If it is denied, the filing is not deemed properly filed, provided the judge grants 15 days to re-file with the fee or a new waiver request and tolls any applicable filing deadline during that cure period.
Why did the fees go up on October 1, 2026?
The One Big Beautiful Bill Act (Public Law 119-21) requires EOIR’s OBBBA fees to be adjusted for inflation every year. For fiscal year 2027 the CPI-U change used was 3.4 percent, and the amounts are rounded down to the nearest $10 (to the nearest dollar for the Annual Asylum Fee).
