ALEJANDRO

                                                       Interim Decision #2964




                         MArrhli OF ALEJANDRO

                         In Deportation Proceedings

                                   A-26334316

                        Decided by Board May 2, 1981

  Where the Notice of Appeal (Form I-290A) is not accompanied by
the required fee or a correctly executed affidavit requesting waiver
of the fee, it is not properly submitted for filing and shall be rejected by the officer having administrative jurisdiction over the case.
CHARGE:
 Order. Act of 1952—Sec. 241(aX2) [8 U.S.C. § izmaxm—Entered without inapeotion
ON BEHALF OF RESPONDENT:                           ON BEHALF OF SERVICE:
 Margo Cowan, Accredited Repreacntative             Ira T._ Frank
 El Concilio Manzo, Inc.                            General Attorney
 P.O. Box 3007
 Tucson, Arizona 85702

BY: Milhollan, Chairman; Maniatis, Dunne, Morris, and Vacca, Board Members



  The respondent has submitted a Notice of Appeal (Form 1-290A)
from a decision of an immigration judge dated October 13, 1982,
finding him deportable under section 241(a)(2) of the Immigration
and Nationality Act, 

(a)(2) (1982), and denying his
application for asylum and withholding of deportation. The file will
be returned to the local office without further action.
  According to the regulations, a Notice of Appeal shall be accompanied by the appropriate filing fee. See 

(b), 103.7(a)
(1984). If an alien is unable to pay the filing fee, the regulations
provide a specific procedure under which prosecution of the appeal
without payment of fee may be sought. The regulations provide
that the alien shall file an affidavit x with his Notice of Appeal in

   An affidavit is "a written or printed declaration or stateineut of facts, made voluntarily, and confirmed by the oath or affirmation of the party making it, taken
before a person having authority to administer such oath or affirmation." Black's
Lain Dictionary 54 (5th ed. 1979).

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Interim Decision #2964

which he states the nature of the appeal, his inability to pay the
fee, and his belief that he is entitled to redress, and which requests
permission to prosecute the appeal without prepayment of the fee.

(b) (1984). When such an affidavit is filed, the officer
from whose decision the appeal is taken can certify to the Board
his reasons for believing that the appeal is not made in good faith.
The Board may in its discretion authorize the prosecution of an
appeal without prepayment of a fee. .td.
   Where the Notice of Appeal is not accompanied by the required
fee or a correctly executed affidavit requesting waiver of the fee, it
is not properly submitted for filing and shall be rejected by the officer having administrative jurisdiction over the case. In this case,
the self-styled affidavit attached to the respondent's appeal is neither signed by the respondent nor is it notarized. We find that this.
appeal has not been correctly filed. As we conclude that this appeal
is not properly before us, we will return the file to the local office. 2
   ORDER: The record file is returned to the local office without
further action.




   2 This is not a case in which a question arises regarding the timeliness of an otherwise properly filed appeal. See Matter of Torre 19 MN Dec. 18 (BIA 1984); Matter
of Gamboa, 

 (B1A 1972).

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