Notice2025-17277
Agency Information Collection Activities; Proposed Collection eComments Requested; Revision and Extension of a Previously Approved Collection; Title-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
September 9, 2025
Issuing agencies
Justice Department
Abstract
The Executive Office for Immigration Review (EOIR), Department of Justice (DOJ), will be submitting the following information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection was previously published in the Federal Register on July 1, 2025, allowing a 60-day comment period. A correction to this notice was published in the Federal Register on July 23, 2025, and did not affect the 60-day comment period closing date.
Full Text
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<title>Federal Register, Volume 90 Issue 172 (Tuesday, September 9, 2025)</title>
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[Federal Register Volume 90, Number 172 (Tuesday, September 9, 2025)]
[Notices]
[Pages 43477-43479]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-17277]
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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; Title--Notice of Appeal From a Decision of an Immigration
Judge (Form EOIR-26)
AGENCY: Executive Office for Immigration Review, Department of Justice.
ACTION: 30-Day notice.
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SUMMARY: The Executive Office for Immigration Review (EOIR), Department
of Justice (DOJ), will be submitting the following information
collection request (ICR) to the Office of Management and Budget (OMB)
for review and approval in accordance with the Paperwork Reduction Act
of 1995. The proposed
[[Page 43478]]
information collection was previously published in the Federal Register
on July 1, 2025, allowing a 60-day comment period. A correction to this
notice was published in the Federal Register on July 23, 2025, and did
not affect the 60-day comment period closing date.
DATES: Comments are encouraged and will be accepted for 30 days until
October 9, 2025.
FOR FURTHER INFORMATION CONTACT: If you have 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#d19ba4a2a5b8bfb4ff97a4b6b091a4a2b5bebbffb6bea7"><span class="__cf_email__" data-cfemail="a2e8d7d1d6cbccc78ce4d7c5c3e2d7d1c6cdc88cc5cdd4">[email protected]</span></a>,
<a href="/cdn-cgi/l/email-protection#21444e48530f5153400f424e4c4c444f5552615452454e4b0f464e57"><span class="__cf_email__" data-cfemail="2e4b41475c005e5c4f004d4143434b405a5d6e5b5d4a414400494158">[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 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.
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 1125-0002. This ICR 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: Revision and extension of a
previously approved collection.
2. Title of the Form/Collection: Notice of Appeal from a Decision
of an Immigration Judge.
3. Agency form number, if any, and the applicable component of the
Department of Justice 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 a brief abstract:
Affected Public: Parties to EOIR immigration proceedings, which
includes individuals who are the subject of EOIR immigration
proceedings as well as Department of Homeland Security (DHS),
Immigration and Customs Enforcement (ICE).
Abstract: A party (either DHS 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, including filing fee changes enacted
under the One Big Beautiful Bill Act (``OBBBA'') (H.R. 1), signed into
law on July 4, 2025. 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.
5. Obligation to Respond: Required to obtain/retain the benefit of
administratively appealing a decision of an Immigration Judge.
6. Total Estimated Number of Respondents: 45,473.
7. Estimated Time per Respondent: 30 minutes (0.5 hours).
8. Frequency: Once a year.
9. Total Estimated Annual Time Burden: 22,736 hours.
10. Total Estimated Annual Other Costs Burden: The total estimated
annual public cost is $12,747,978. Of the total number of responses
received annually, 12,487 responses are submitted by mail or hand
delivery from respondents/applicants subject to the $1,010 filing fee
requirement and 647 responses are submitted by mail or hand delivery
from DHS ICE representatives exempted from the $1,010 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.......................... $1,010 per response......... $0 per response.
Total per Response.................. $1,020.90................... $10.90.
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Total for All Paper Responses $1020.90 x 12,487 = $10.90 x 647 = $7,052.
Filed. $12,747,978.
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[[Page 43479]]
If additional information is required, contact: Darwin Arceo,
Department Clearance Officer, Enterprise Portfolio Management, Justice
Management Division, United States Department of Justice, Two
Constitution Square, 145 N Street NE, 4W-218, Washington, DC 20530.
Dated: September 5, 2025.
Darwin Arceo,
Department Clearance Officer for PRA, U.S. Department of Justice.
[FR Doc. 2025-17277 Filed 9-8-25; 8:45 am]
BILLING CODE 4410-30-P
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