The Board of Immigration Appeals has created a presumption that a non-detained individual who has retained private counsel can afford to pay the filing fees for an appeal. In addition, the Board determined that a fee waiver with zeros in the income and expenses columns is presumptively invalid without further evidence or explanation.

The full text of Matter of Garcia Martinez can be found here:

https://www.justice.gov/eoir/media/1410586/dl?inline

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