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:
1125-0009
ICR Reference No:
202507-1125-008
Status:
Active
Previous ICR Reference No:
202502-1125-003
Agency/Subagency:
DOJ/EOIR
Agency Tracking No:
EOIR-40
Title:
Application for Suspension of Deportation
Type of Information Collection:
No material or nonsubstantive change to a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
08/06/2025
Retrieve Notice of Action (NOA)
Date Received in OIRA:
08/01/2025
Terms of Clearance:
In accordance with 5 CFR 1320, this information collection is approved
Inventory as of this Action
Requested
Previously Approved
Expiration Date
06/30/2028
06/30/2028
06/30/2028
Responses
147
0
441
Time Burden (Hours)
845
0
2,535
Cost Burden (Dollars)
0
0
0
Abstract:
The Form EOIR-40 is filed in Immigration Court by certain deportable aliens who seek to have their deportation suspended and to become lawful permanent residents.
Authorizing Statute(s):
US Code:
8 USC 1254
Name of Law: Immigration and Nationality Act
Citations for New Statutory Requirements:
PL: Pub.L. 119 - 21 100013(h) Name of Law: One Big Beautiful Bill Act
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:
89 FR 91786
11/20/2024
30-day Notice:
Federal Register Citation:
Citation Date:
90 FR 8535
01/30/2025
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
Application for Suspension of Deportation
EOIR-40
Application for Suspension of Deportation
Application for Suspension of Deportation
EOIR-40
Application for Suspension of Deportation
Application for Suspension of Deportation
EOIR-40
Application for Suspension of Deportation
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
147
441
0
0
-294
0
Annual Time Burden (Hours)
845
2,535
0
0
-1,690
0
Annual Cost Burden (Dollars)
0
0
0
0
0
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:
In the previous ICR, EOIR inadvertently duplicated the same form three times on the information collection list and mistakenly created three information collection instruments, causing errors in the burden estimate calculation. This has been corrected by deleting two duplicates so that the information collection list only captures the form once.
Annual Cost to Federal Government:
$589
Does this IC contain surveys, censuses, or employ statistical methods?
No
Does this ICR request any personally identifiable information (see
OMB Circular No. A-130
for an explanation of this term)? Please consult with your agency's privacy program when making this determination.
Yes
Does this ICR include a form that requires a Privacy Act Statement (see
5 U.S.C. §552a(e)(3)
)? Please consult with your agency's privacy program when making this determination.
Yes
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?
No
Agency Contact:
Justine Fuga 571 294-2272 justine.fuga@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:
08/01/2025
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