Notice2025-20651
Agency Information Collection Activities; Proposed Collection eComments Requested; Revision and Extension of a Previously Approved Collection; Title-Application for Cancellation of Removal (Form EOIR-42A) for Certain Permanent Residents; and Application for Cancellation of Removal and Adjustment of Status (Form EOIR-42B) for Certain Nonpermanent Residents
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
November 21, 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.
Full Text
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<title>Federal Register, Volume 90 Issue 223 (Friday, November 21, 2025)</title>
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[Federal Register Volume 90, Number 223 (Friday, November 21, 2025)]
[Notices]
[Pages 52708-52709]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-20651]
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DEPARTMENT OF JUSTICE
[OMB Number 1125-0001]
Agency Information Collection Activities; Proposed Collection
eComments Requested; Revision and Extension of a Previously Approved
Collection;Title--Application for Cancellation of Removal (Form EOIR-
42A) for Certain Permanent Residents; and Application for Cancellation
of Removal and Adjustment of Status (Form EOIR-42B) for Certain
Nonpermanent Residents
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.
DATES: Comments are encouraged and will be accepted for 30 days until
December 22, 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:
[[Page 52709]]
(703) 305- 0265, <a href="/cdn-cgi/l/email-protection#c68cb3b5b2afa8a3e880b3a1a786b3b5a2a9ace8a1a9b0"><span class="__cf_email__" data-cfemail="561c2325223f3833781023313716232532393c78313920">[email protected]</span></a>, <a href="/cdn-cgi/l/email-protection#5a3f353328742a283b74393537373f342e291a2f293e3530743d352c"><span class="__cf_email__" data-cfemail="1b7e747269356b697a35787476767e756f685b6e687f7471357c746d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The proposed information collection was
previously published in the Federal Register on August 5, 2025,
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 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 1125-0001. 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: Application for Cancellation of
Removal for Certain Permanent Residents; and Application for
Cancellation of Removal and Adjustment of Status for Certain
Nonpermanent Residents.
3. Agency form number, if any, and the applicable component of the
Department of Justice sponsoring the collection: The agency form number
is EOIR-42A and EOIR-42B, and the sponsoring DOJ component is EOIR.
4. Affected public who will be asked or required to respond, as
well as a brief abstract:
Affected Public: Individuals in removal proceedings before EOIR
determined to be removable from the United States.
Abstract: An individual who is removable from the United States
may, pursuant to section 240A of the Immigration and Nationality Act
(Act), request that the Attorney General cancel their removal. To be
granted such relief from removal, the applicant must prove that they
meet all of the statutory prerequisites for such relief and that they
are entitled to a favorable exercise of discretion. There are two
application forms available for cancellation of removal: Form EOIR-42A,
for Certain Permanent Residents; and Form EOIR-42B, Adjustment of
Status for Certain Nonpermanent Residents. This information collection
is necessary to determine the statutory eligibility of individuals in
removal proceedings who have been determined to be removable from the
United States for cancellation of their removal, as well as to provide
information relevant to a favorable exercise of discretion pursuant to
8 U.S.C. 1229b(a), INA Sec. 240A(a). EOIR is revising these forms to
update references to filing fee information, to include a Privacy Act
Notice for each form, to include the expiration date for OMB approval
on each form, and to implement minor text formatting changes to improve
organization, clarity, and readability.
5. Obligation to Respond: Required to obtain/retain the benefit of
cancellation of removal.
6. Total Estimated Number of Respondents: It is estimated that
1,519 respondents will complete the form annually for Cancellation of
Removal for Certain Permanent Residents (EOIR-42A) and that 15,757
respondents will complete the form annually for Cancellation of Removal
and Adjustment of status for Certain Nonpermanent Residents (EOIR-42B).
7. Estimated Time per Respondent: The estimated time per respondent
for both forms is 5 hours and 50 minutes.
8. Frequency: Once a year.
9. Total Estimated Annual Time Burden: 8,856 hours for the EOIR-42A
and 91,865 hours for the EOIR-42B.
10. Total Estimated Annual Other Costs Burden: The total estimated
annual public cost for the EOIR-42A is $1,683,912 and for the EOIR-42B
is $31,640,056.
Total Public Cost
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Total annual Total annual
Activity Practitioner cost Filing fee responses public cost
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EOIR-42A.................. $70.08/hr x 5.83 hours per $700 per response..... 1,519 $1,683,912
response = $408 per
response.
EOIR-42B.................. $70.08/hr x 5.83 hours per $1,600 per response... 15,757 $31,640,056
response = $408 per
response.
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Printing and postage costs associated with filing these forms may
be avoided because all forms may be submitted electronically. The
estimated total public cost for each form is derived by adding the
estimated cost to hire a practitioner to assist with preparing the form
with the filing fee per form and then multiplying by the total number
of annual responses. The estimated practitioner cost is based on the
average hourly wage for an attorney as estimated by the Bureau of Labor
Statistics.
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: November 19, 2025.
Darwin Arceo,
Department Clearance Officer for PRA, U.S. Department of Justice.
[FR Doc. 2025-20651 Filed 11-20-25; 8:45 am]
BILLING CODE 4410-30-P
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