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AUYDA, INC. v. AG

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA


February 27, 1987

Auyda, Inc. and Hotel and Restaurant Employees Union, Local 25, Plaintiffs,
v.
Attorney General, Defendant

The opinion of the court was delivered by: GESELL

MEMORANDUM

 GERHARD A. GESELL, U.S.D.J.

 Plaintiffs challenge certain specific new filing fees established by the Attorney General for services rendered aliens by the Immigration and Naturalization Service ("INS") in immigration proceedings. The fees were established pursuant to 31 U.S.C. ยง 9701 (1982), following notice and comment rulemaking based on cost studies designed to determine reasonable expenses associated with each particular service involved. Fee increases over fees previously charged for the services led to plaintiffs' challenge. *fn1" Plaintiffs attack the propriety of charging fees for the services and argue that even if fees are allowable those set are excessive. Cross-motions for summary judgment have been filed and thoroughly considered along with the administrative record, affidavits and other supporting material. The proposed fees were promulgated in 51 Fed. Reg. 39,993 (Nov. 4, 1986) and became effective December 4, 1986. The services and fees specifically challenged by plaintiffs are as follows: Form I-246 Applications for stay From $ 70 to $ 125 of deportation filed with the director of the Immigration and Naturalization Service n2 Form I-290A Appeals to the Board of From $ 50 to $ 110 Immigration Appeals in any proceeding except a bond decision n3 -- Motions to reopen or From $ 50 to $ 110 reconsider decision of Immigration Judge or Board of Immigration Appeals n4

19870227

© 1992-2004 VersusLaw Inc.



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