Notice2021-18591
Agency Information Collection Activities; Proposed Collection; Comments Requested; Notice of Entry of Limited Appearance for Document Assistance Before the Board of Immigration Appeals; and Notice of Entry of Limited Appearance for Document Assistance Before the Immigration Court
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 30, 2021
Issuing agencies
Justice Department
Abstract
The Executive Office for Immigration Review, Department of Justice (DOJ), will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 165 (Monday, August 30, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 165 (Monday, August 30, 2021)]
[Notices]
[Pages 48443-48444]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-18591]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
[OMB Number 1125-NEW]
Agency Information Collection Activities; Proposed Collection;
Comments Requested; Notice of Entry of Limited Appearance for Document
Assistance Before the Board of Immigration Appeals; and Notice of Entry
of Limited Appearance for Document Assistance Before the Immigration
Court
AGENCY: Executive Office for Immigration Review, Department of Justice.
ACTION: 60-Day notice.
-----------------------------------------------------------------------
SUMMARY: The Executive Office for Immigration Review, Department of
Justice (DOJ), will be submitting the following information collection
request to the Office of Management and Budget (OMB) for review and
approval in accordance with the Paperwork Reduction Act of 1995.
DATES: Comments are encouraged and will be accepted for 60 days until
October 29, 2021.
FOR FURTHER INFORMATION CONTACT: If you have additional comments
especially on the estimated public burden or associated response time,
suggestions, or need a copy of the proposed information collection
instrument with instructions or additional information, please contact
Lauren Alder Reid, Assistant Director, Office of Policy, Executive
Office for Immigration Review, 5107 Leesburg Pike, Suite 2500, Falls
Church, VA 22041, telephone: (703) 305-0289.
SUPPLEMENTARY INFORMATION: Written comments and suggestions from the
public and affected agencies concerning the proposed collection of
information are encouraged. Your comments should address one or more of
the following four points:
--Evaluate whether the proposed collection of information is necessary
for the proper performance of the functions of the agency, including
whether the information will have practical utility;
--Evaluate the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
--Enhance the quality, utility, and clarity of the information to be
collected; and/or
--Minimize the burden of the collection of information on those who are
to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
Overview of This Information Collection
1 Type of Information Collection: New collection.
2 The Title of the Form/Collection: Notice of Entry of Limited
Appearance for Document Assistance Before the Board of Immigration
Appeals; and Notice of Entry of Limited Appearance for Document
Assistance Before the Immigration Court.
3 The agency form number, if any, and the applicable component of
the Department sponsoring the collection: The form numbers are EOIR-60
and EOIR-61, Executive Office for Immigration Review, United States
Department of Justice.
4 Affected public who will be asked or required to respond, as well
as a brief abstract: Primary: Attorneys and Representatives; Pro Se
Respondents in proceedings before EOIR. Other: None. Abstract: This
information collection is necessary to allow an attorney or
representative to notify the Board or the Immigration Court that he or
she is entering a limited appearance to assist a pro se respondent with
a legal filing or other document to be filed with EOIR. Pursuant to the
Notice of Proposed Rulemaking, Professional Conduct for Practitioners--
Rules and Procedures, and Representation and Appearances, 85 FR 61640
(Sept. 30, 2020), the agency indicated that it intended to revise in
accordance with the rulemaking the currently approved Form EOIR-26,
Notice of Appeal from a Decision of an Immigration Judge; Form EOIR-27,
Notice of Entry of Appearance as Attorney or Representative Before the
Board of Immigration Appeals; and Form EOIR-28, Notice of Entry of
Appearance as Attorney or Representative Before the Immigration Court.
However, after further consideration, the agency has determined that a
separate stand-alone form for the entry of a limited appearance before
each adjudicatory component would be the most appropriate method for
the collection of this information. The separate forms EOIR-60 and
EOIR-61 are intended to provide greater clarity to the practitioners
using the forms, the pro se respondents who are only engaging with the
practitioners in a limited capacity, and for the EOIR staff processing
the forms.
5 An estimate of the total number of respondents and the amount of
time estimated for an average respondent to respond: At this time, it
is difficult for EOIR to estimate the total receipts it will receive
for this new collection. Pursuant to the NPRM, EOIR estimated the total
receipts would be at least as many receipts as received for the other
two representation forms for the entry of appearance before the
Immigration Court (Form EOIR-28) and the Board of Immigration Appeals
(Form EOIR-27). These forms are used for attorneys or representatives
who wish to appear on behalf of a respondent in pending proceedings,
and remain the representative of record for the duration of the case.
Those forms are not used for limited appearance purposes, but EOIR
expects that at least some of those practitioners will enter limited
appearances to assist respondents with document filings. So as not to
under
[[Page 48444]]
estimate the burden, EOIR will assume that it will receive as many
entries for limited appearances as it does for full appearances--the
total number of respondents for the Forms EOIR-60 and EOIR-61 are
therefore expected to be 841,029 (the total receipts for the EOIR-27
(53,816) and EOIR-28 (787,213) for FY2019 as provided in the NPRM). The
estimated average time to review and complete the forms is six minutes.
6 An estimate of the total public burden (in hours) associated with
the collection: The total public burden of these revised collections
are estimated to be 84,102.9 burden hours annually ((for Form EOIR-27,
53,816 respondents (FY 2019) x 1 response per respondent x 6 minutes
per response = 5,381.6 burden hours) + (for Form EOIR-28, 787,213
respondents (FY 2019) x 1 response per respondent x 6 minutes per
response = 78,721.3 burden hours) = 84,102.9 burden hours).
If additional information is required contact: Melody Braswell,
Department Clearance Officer, United States Department of Justice,
Justice Management Division, Policy and Planning Staff, Two
Constitution Square, 145 N Street NE, 3E.405B, Washington, DC 20530.
Dated: August 25, 2021.
Melody D. Braswell,
Department Clearance Officer for PRA, U.S. Department of Justice.
[FR Doc. 2021-18591 Filed 8-27-21; 8:45 am]
BILLING CODE 4410-30-P
</pre></body>
</html>Indexed from Federal Register on August 30, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.