Gibson Dunn Secures Summary Judgment Victory Vacating Increased Immigration-Related Fees
Firm News | April 10, 2026
On March 30, 2026, a Gibson Dunn pro bono team secured a significant victory in the U.S. District Court for the District of Columbia, vacating in significant part an administrative rule adopted by the Executive Office for Immigration Review (“EOIR”) that would have dramatically increased immigration-related filing fees. The rule targeted appeals, motions, and applications before immigration courts and the Board of Immigration Appeals – raising some fees by as much as eightfold.
Earlier in the litigation, the court granted Gibson Dunn’s motion for a preliminary injunction in January 2021, blocking the majority of those increases from taking effect. In its summary judgment decision, the court reaffirmed that ruling and held that EOIR acted arbitrarily and capriciously by failing to meaningfully consider the impact of the fee increases on legal services providers and their ability to represent low-income and indigent noncitizens. The court concluded that such failure warranted vacatur of the six challenged fee increases, ensuring that the prior, lower fee structure remains in place.
The decision represents an important win that promotes fair and meaningful access to immigration proceedings and relief, including by preserving the ability of legal services organizations to continue providing critical representation to vulnerable populations. We are proud to partner with the American Immigration Council and the National Immigration Law Center in bringing this lawsuit, and to represent the Catholic Legal Immigration Network, Community Legal Services in East Palo Alto, Kids in Need of Defense, and the Coalition for Humane Immigrant Rights of Los Angeles in their ongoing effort to provide free and affordable immigration legal services to indigent populations.
The Gibson Dunn team is led by partners Richard Mark, Joseph Evall, and Katie Marquart and includes associates Matthew Butler, Vanessa Ajagu and Felicia Reyes.