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Home | Case-Filing | Appealing a Case in the Second Circuit | How to Appeal an Agency Case


Docket fee

The petitioner must pay the $500 docket fee to the clerk when the petition for review is filed. Under LR 15.1, a petitioner may pay this fee electronically in accordance with the Court's instructions posted on the Court's website.

 

A petitioner who cannot afford to pay the fee must file in the Court a written motion for "in forma pauperis" ("IFP") status. See 28 U.S.C. ยง 1915; FRAP 24. The motion must be filed within 14 days of filing the petition for review. See LR 12.1(a).

 

The motion to proceed in forma pauperis must include (1) the Court's Form T-1080 motion information statement (see Motions), (2) a statement explaining the merit of the appeal, and (3) a completed FRAP Form 4 (Affidavit Accompanying Motion for Permission to Appeal in Forma Pauperis). See FRAP 24(a); LR 24.1; LR 27.1(a)(1), (2). The motion must be served on all other parties in the case and a proof of service form must be submitted with the motion. The motion papers must be typed or legibly printed.

 

A motion for IFP status must include a statement that identifies each issue to be raised on appeal and with respect to each issue, the facts and reasons that demonstrate the issue's merit. If the appellant fails to file the statement or if the Court determines the appeal is frivolous, the appeal may be dismissed. LR 24.1.

 

If the appeal is dismissed or denied, the docket fee will not be refunded to appellant.

 

 

Last modified at 12/1/2013