Notice2025-12197
Agency Information Collection Activities; Proposed Collection eComments Requested; Revision and Extension of a Previously Approved Collection; Notice of Appeal From a Decision of an Immigration Judge (Form EOIR-26)
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
July 1, 2025
Issuing agencies
Justice Department
Abstract
The Executive Office for Immigration Review (EOIR) at the 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
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<title>Federal Register, Volume 90 Issue 124 (Tuesday, July 1, 2025)</title>
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[Federal Register Volume 90, Number 124 (Tuesday, July 1, 2025)]
[Notices]
[Pages 28815-28816]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12197]
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DEPARTMENT OF JUSTICE
[OMB Number 1125-0002]
Agency Information Collection Activities; Proposed Collection
eComments Requested; Revision and Extension of a Previously Approved
Collection; Notice of Appeal From a Decision of an Immigration Judge
(Form EOIR-26)
AGENCY: Executive Office for Immigration Review, Department of Justice.
ACTION: 60-Day notice.
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SUMMARY: The Executive Office for Immigration Review (EOIR) at the
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
September 2, 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
Justine Fuga, Associate General Counsel, Office of the General Counsel,
Executive Office for Immigration Review, 5107 Leesburg Pike, Suite
2600, Falls Church, VA 22041, telephone: (703) 305-0265,
<a href="/cdn-cgi/l/email-protection#511b242225383f347f17243630112422353e3b7f363e27"><span class="__cf_email__" data-cfemail="99d3eceaedf0f7fcb7dfecfef8d9eceafdf6f3b7fef6ef">[email protected]</span></a>, <a href="/cdn-cgi/l/email-protection#c3a6acaab1edb3b1a2eda0acaeaea6adb7b083b6b0a7aca9eda4acb5"><span class="__cf_email__" data-cfemail="ef8a80869dc19f9d8ec18c8082828a819b9caf9a9c8b8085c1888099">[email protected]</span></a>.
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 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,
[[Page 28816]]
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.
Abstract: A party (either the U.S. Department of Homeland Security
(DHS) Immigration and Customs Enforcement (ICE) or the individual
(Respondent/Applicant) who is the subject of the EOIR immigration
proceeding) affected by a decision of an Immigration Judge may appeal
that decision to the Board of Immigration Appeals (Board or BIA),
provided the Board has jurisdiction pursuant to 8 CFR 1003.1. An appeal
from an Immigration Judge's decision is taken by completing the Form
EOIR-26 and submitting it to the Board. See 8 CFR 1003.3, 1003.38. The
form requests information necessary for the Board to process an appeal
of an Immigration Judge decision, such as the Respondent's/Applicant's
name and alien registration number (A-number), the mailing addresses
for parties and the attorney or representative of record, the basis for
the appeal, and proof of service of the notice of appeal. EOIR is
revising this form to implement several changes. Formatting and textual
revisions were made throughout the form and instructions to improve
organization, clarity, and readability. EOIR also updated references to
online materials. Changes were made to clarify filing instructions for
paper and electronic submissions. EOIR removed references and
collection of information pertaining to the BIA Pro Bono Project, which
currently is not an active agency program. An option was added to the
form for an appellant to specify that he or she is filing an
interlocutory appeal from an Immigration Judge decision. Finally, EOIR
added a field to collect the email address for the appellant's attorney
or authorized representative.
Overview of This Information Collection
1. Type of Information Collection: Revision and extension of a
previously approved collection.
2. The Title of the Form/Collection: Notice of Appeal from a
Decision of an Immigration Judge.
3. The agency form number, if any, and the applicable component of
the Department sponsoring the collection: The agency form number is
EOIR-26, and the sponsoring component is EOIR.
4. Affected public who will be asked or required to respond, as
well as the obligation to respond: The Affected Public are the parties
to EOIR immigration proceedings, which includes individuals who are the
subject of EOIR immigration proceedings as well as DHS ICE. This
information collection is required to obtain/retain the benefit of
administratively appealing a decision of an Immigration Judge.
5. An estimate of the total number of respondents and the amount of
time estimated for an average respondent to respond: It is estimated
that an average of 45,473 respondents will complete the form annually
with an average of 30 minutes per response.
6. An estimate of the total annual burden (in hours) associated
with the collection: EOIR estimates an average of 22,736 hours total
annual burden for form respondents.
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Time per Total annual
Activity Number of Frequency Total annual response burden
respondents (annually) responses (hours) (hours)
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EOIR-26--individuals..................... 42,816 1 42,816 0.5 21,408
EOIR-26--DHS ICE......................... 2,657 1 2,657 0.5 1,328
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Totals............................... 45,473 1 45,473 0.5 22,736
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7. An estimate of the total annual cost burden associated with the
collection, if applicable: The total estimated annual public cost is
$1,516,731. Of the total number of responses received annually, 12,487
responses are submitted by mail or hand delivery from respondents/
applicants subject to the $110 filing fee requirement and 647 responses
are submitted by mail or hand delivery from DHS ICE representatives
exempted from the $110 filing fee requirement.
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Cost Individual DHS ICE
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Printing............................. $0.80 per response........... $0.80 per response.
Postage.............................. $10.10 per response.......... $10.10 per response.
Filing Fee........................... $110 per response............ $0 per response.
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Total per Response............... $120.90...................... $10.90.
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Total for All Paper Responses $120.90 x 12,487 = $1,509,679 $10.90 x 647 = $7,052.
Filed.
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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: June 26, 2025.
Darwin Arceo,
Department Clearance Officer for PRA, U.S. Department of Justice.
[FR Doc. 2025-12197 Filed 6-30-25; 8:45 am]
BILLING CODE 4410-30-P
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