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. § 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.
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
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
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