View Information Collection Request (ICR) Package
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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
1125-0002
ICR Reference No:
201111-1125-002
Status:
Historical Active
Previous ICR Reference No:
200808-1125-004
Agency/Subagency:
DOJ/EOIR
Agency Tracking No:
EOIR-26
Title:
Notice of Appeal from a Decision of an Immigration Judge
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved with change
Conclusion Date:
06/08/2012
Retrieve Notice of Action (NOA)
Date Received in OIRA:
03/07/2012
Terms of Clearance:
EOIR should continue to work towards making this collection fully electronic.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
06/30/2014
36 Months From Approved
06/30/2012
Responses
19,201
0
23,417
Time Burden (Hours)
9,601
0
11,709
Cost Burden (Dollars)
0
0
3,161,295
Abstract:
A party affected by a decision of an Immigration Judge may appeal to the Board of Immigration Appeals (BIA) using form EOIR-26, provided the BIA has jurisdiction pursuant to 8 CFR 1003.1(b).
Authorizing Statute(s):
US Code:
8 USC 1003.38
Name of Law: IMMIGRATION AND NATIONALITY
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
76 FR 70754
11/15/2011
30-day Notice:
Federal Register Citation:
Citation Date:
77 FR 3003
01/20/2012
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
1
IC Title
Form No.
Form Name
Notice of Appeal from a Decision of an Immigration Judge
EOIR-26
Notice of Appeal from a Decision of an Immigration Judge
ICR Summary of Burden
Total Approved
Previously Approved
Change Due to New Statute
Change Due to Agency Discretion
Change Due to Adjustment in Estimate
Change Due to Potential Violation of the PRA
Annual Number of Responses
19,201
23,417
0
0
-4,216
0
Annual Time Burden (Hours)
9,601
11,709
0
0
-2,108
0
Annual Cost Burden (Dollars)
0
3,161,295
0
0
-3,161,295
0
Burden increases because of Program Change due to Agency Discretion:
No
Burden Increase Due to:
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
There is a decrease in the burden hours. It appears that the analysis in 2008 did not account for the fact that not every appeal filed with the Board requires the use of form EOIR-26. Also, cost burden was adjusted to $0 because the previous cost burden estimate consisted only of the monetized value of time for attorneys to complete the form, which is accounted for in the time burden estimate.
Annual Cost to Federal Government:
$82,050
Does this IC contain surveys, censuses, or employ statistical methods?
No
Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002?
No
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
No
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
No
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Is this ICR related to the Pandemic Response?
Uncollected
Agency Contact:
Kelly Hill 703 305-0467 Kelly.Hill@usdoj.gov
Common Form ICR:
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date:
03/07/2012
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