Notice2025-01964
Agency Information Collection Activities; Proposed eCollection eComments Requested; Extension of a Previously Approved Collection; Title: Application for Suspension of Deportation (EOIR-40)
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
January 30, 2025
Issuing agencies
Justice Department
Abstract
The Department of Justice (DOJ), Executive Office for Immigration Review (EOIR), 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
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<title>Federal Register, Volume 90 Issue 19 (Thursday, January 30, 2025)</title>
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[Federal Register Volume 90, Number 19 (Thursday, January 30, 2025)]
[Notices]
[Pages 8535-8536]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-01964]
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DEPARTMENT OF JUSTICE
[OMB Number 1125-0009]
Agency Information Collection Activities; Proposed eCollection
eComments Requested; Extension of a Previously Approved Collection;
Title: Application for Suspension of Deportation (EOIR-40)
AGENCY: Executive Office for Immigration Review, Department of Justice.
ACTION: 30-Day notice.
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SUMMARY: The Department of Justice (DOJ), Executive Office for
Immigration Review (EOIR), 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 30 days until
March 3, 2025.
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
Laeticia Mukala-Nirere, Attorney Advisor, Office of the General
Counsel, Executive Office for Immigration Review, 5107 Leesburg Pike,
Suite 2600, Falls Church, VA 22041, telephone: (703) 305-0470,
<a href="/cdn-cgi/l/email-protection#15505a5c473b4547543b567a7878707b6166556066717a7f3b727a63"><span class="__cf_email__" data-cfemail="cc8983859ee29c9e8de28fa3a1a1a9a2b8bf8cb9bfa8a3a6e2aba3ba">[email protected]</span></a> or <a href="/cdn-cgi/l/email-protection#96ddf7f4fff8f7b8dab8dbe3fdf7faf7bbd8ffe4f3e4f3d6e3e5f2f9fcb8f1f9e0"><span class="__cf_email__" data-cfemail="f5be94979c9b94dbb9dbb8809e949994d8bb9c87908790b58086919a9fdb929a83">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The proposed information collection was
previously published in the Federal Register on November 20, 2024,
allowing a 60-day comment period. 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 Bureau of Justice
Statistics, 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;
--Evaluate whether and if so how the quality, utility, and clarity of
the information to be collected can be enhanced; and
--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.
Written comments and recommendations for this information
collection should be submitted within 30 days of the publication of
this notice on the following website <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>.
Find this particular information collection by selecting ``Currently
under 30-day Review--Open for Public Comments'' or by using the search
function and entering either the title of the information collection or
the OMB Control Number 1125-0009. This information collection request
may be viewed at <a href="http://www.reginfo.gov">www.reginfo.gov</a>. Follow the instructions to view
Department of Justice, information collections currently under review
by OMB.
DOJ seeks PRA authorization for this information collection for
three (3) years. OMB authorization for an ICR cannot be for more than
three (3) years without renewal. The DOJ notes that information
collection requirements submitted to the OMB for existing ICRs receive
a month-to-month extension while they undergo review.
Overview of This Information Collection
1. Type of Information Collection: Renewal, with change, of a
currently approved collection. EOIR is making a few non-substantive
changes to the current Form EOIR-40, to include typographical and
grammatical edits, adding appropriate spacing between words, and
removing unnecessary spacing and symbols between words. EOIR is also
making several minor but substantive changes to the current Form EOIR-
40, to include removing the word ``alien'' from the document, and
replacing it with the word ``noncitizen''; clarifying the description
of the dimension of an applicant's facial image for passport
photographs; modifying the sentence explaining the purpose and
instructions of this form; changing the word ``home'' phone number to
``cell'' phone number; and including a privacy act statement.
2. The Title of the Form/Collection: Application for Suspension of
Deportation.
3. The agency form number, if any, and the applicable component of
the Department sponsoring the collection: The form number is EOIR-40;
the sponsoring component is Executive Office for Immigration Review,
United States Department of Justice.
4. Affected public who will be asked or required to respond, as
well as the obligation to respond: Primary: Individual noncitizens
determined to be deportable from the United States. Other: None.
Abstract: This information collection is necessary to determine the
statutory eligibility of individual noncitizens, who have been
determined to be deportable from the United States, for suspension of
their deportation pursuant to former section 244 of the INA and 8 CFR
1240.55.
5. Obligation to Respond: The information requested on this form is
authorized by 8 CFR 1240.55-.58 to adjudicate a noncitizen's request
for suspension of deportation under Section
[[Page 8536]]
244 of the Immigration and Nationality Act (INA) in effect prior to
April 1, 1997. This is a mandatory collection of information because
EOIR requires it to adjudicate the request for suspension of
deportation. Failure to provide the requested information may affect
the individual's ability to establish his/her eligibility for
suspension of deportation and to determine his/her legal right to
remain in the United States.
6. Total Estimated Number of Respondents: It is estimated that 147
respondents will complete the form annually.
7. Estimated Time per Respondent: It is estimated that it will take
an average of 5 hour and 45 minutes per response.
8. Frequency: It is estimated that respondents will complete the
form annually.
9. Total Estimated Annual Time Burden: The estimated public burden
associated with this collection is 845.25 hours.
10. Total Estimated Annual Other Costs Burden: The estimated annual
cost burden associated with this collection is $73,935.12.
If additional information is required contact: Darwin Arceo,
Department Clearance Officer, United States Department of Justice,
Justice Management Division, Policy and Planning Staff, Two
Constitution Square, 145 N Street NE, 4W-218, Washington, DC.
Dated: January 27, 2025
Darwin Arceo,
Department Clearance Officer for PRA, U.S. Department of Justice.
[FR Doc. 2025-01964 Filed 1-29-25; 8:45 am]
BILLING CODE 4410-30-P
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