41.0313 Notice of appeal:

Cite as [A.S.A.C. § 41.0313]

(a) A party affected by a decision who is entitled under this chapter to appeal to the board shall be given notice of his/her right to appeal. An appeal shall be taken by filing notice of appeal with the immigration office within the time specified in the governing sections of this chapter. Certification of a case as provided in this rule shall not relieve the party affected from compliance with provision of this section in the event that he/she is entitled, and desires, to appeal from an initial decision, nor shall it serve to extend the time specified in the applicable parts of this chapter for the taking of an appeal. Departure from American Samoa of a person under deportation proceedings prior to the taking of an appeal from a decision in his/her case shall constitute a waiver of his/her right to appeal.

(b) Fees. Except as otherwise provided in this section, a notice of appeal or a motion filed under this rule by any person other than the Attorney General or the immigration office shall be accompanied by the appropriate fee specified by and remitted, in accordance with, the provisions of 41.0319 of this chapter. In any case in which an alien or other party affected is unable to pay the fee fixed for an appeal or a motion, he/she shall file with a notice of appeal or the motion his/her affidavit stating the nature of the motion or appeal, the belief that he/she is entitled to redress, and his/her ability to pay the required fee, and shall request permission to prosecute the appeal or motion without prepayment of such fee. When such an affidavit is filed with the immigration office an officer shall, if he/she believes that the appeal or motion is not taken or made in good faith, certify in writing his/her reasons for such belief for consideration. The board may, in its discretion, authorize the prosecution of any appeal or motion without prepayment of fee.

(c) Briefs. Briefs in support of or in opposition to an appeal shall be filed in with the office within the time fixed for an appeal or within any other additional period designated by the board. The board for good cause may extend the time for filing a brief or reply brief. The board in its discretion may authorize the filing of a brief directly with it in which event the opposing party shall be allowed a specified time to respond.

History: Rule 3-86, eff 7 Dec 86.