Notice2026-21775
Agency Information Collection Activities; Proposed Collection eComments Requested; Revision of a Previously Approved Collection; 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
October 26, 2026
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 August 20, 2026, 91 FR 53897, allowing a 60- day comment period.
Full Text
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<title>Federal Register, Volume 91 Issue 205 (Monday, October 26, 2026)</title>
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[Federal Register Volume 91, Number 205 (Monday, October 26, 2026)]
[Notices]
[Pages 67334-67336]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21775]
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DEPARTMENT OF JUSTICE
[OMB Number 1125-0001]
Agency Information Collection Activities; Proposed Collection
eComments Requested; Revision of a Previously Approved Collection;
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
[[Page 67335]]
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 August 20, 2026, 91 FR 53897, allowing a 60-
day comment period.
DATES: Comments are encouraged and will be accepted for 30 days until
November 25, 2026.
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#87cdf2f4f3eee9e2a9c1f2e0e6c7f2f4e3e8eda9e0e8f1"><span class="__cf_email__" data-cfemail="43093630372a2d266d05362422033630272c296d242c35">[email protected]</span></a>,
<a href="/cdn-cgi/l/email-protection#0663696f74287674672865696b6b6368727546737562696c28616970"><span class="__cf_email__" data-cfemail="e88d87819ac6989a89c68b8785858d869c9ba89d9b8c8782c68f879e">[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/">www.reginfo.gov/public/do/</a>PRAMain.
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. If you send a
comment, please send a copy to Justine Fuga at <a href="/cdn-cgi/l/email-protection#014b747275686f642f47746660417472656e6b2f666e77"><span class="__cf_email__" data-cfemail="bef4cbcdcad7d0db90f8cbd9dffecbcddad1d490d9d1c8">[email protected]</span></a>
or <a href="/cdn-cgi/l/email-protection#1a7f757368346a687b34797577777f746e695a6f697e7570347d756c"><span class="__cf_email__" data-cfemail="04616b6d762a7476652a676b6969616a7077447177606b6e2a636b72">[email protected]</span></a>.
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 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
(``INA'' or ``Act'') (8 U.S.C. 1229b(a)), 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 forms available to apply for
cancellation of removal: Form EOIR-42A, Application for Cancellation of
Removal for Certain Permanent Residents; and Form EOIR-42B, Application
for Cancellation of Removal and 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 by the
adjudicating immigration judge.
EOIR is making some substantive changes to the forms to remove
unnecessary collections of information. For both forms, Question 21
will be generalized to account for various visa types that may have
been used by the applicant to enter the United States. Within Part 7 on
both forms, EOIR is removing form fields collecting information about
the applicant that is irrelevant to the immigration judge's exercise of
discretion for each respective type of immigration relief.
Additionally, EOIR is modifying Part 9 for both forms to collect the
applicant's signature and affirmation at the time the form is filed.
EOIR is also making several non-substantive changes to the forms
to: update electronic filing fee information; format text to improve
organization, clarity, and readability; and revise the Advice to
Applicants, Instructions, and corresponding form questions to mirror as
closely as possible the text of the INA to accurately reiterate legal
standards set forth by the Act.
5. Obligation to Respond: Required to obtain/retain the benefit of
cancellation of removal.
6. Total Estimated Number of Respondents: It is estimated that
1,457 respondents will complete the form annually for Cancellation of
Removal for Certain Permanent Residents (EOIR-42A) and that 13,787
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 each form is 5 hours and 50 minutes.
8. Frequency: Once a year.
9. Total Estimated Annual Time Burden: 8,492 hours for the EOIR-42A
and 80,380 hours for the EOIR-42B.
10. Total Estimated Annual Other Costs Burden: The following
represents the maximum total public cost burden estimated for each
form.
[[Page 67336]]
Total Public Cost
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Practitioner Total annual Total annual
Activity Filing fee Printing Mailing assistance responses public cost
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EOIR-42A............. $710 per response...... $0.70 per response..... $5 per response........ $84.84/hr x 5.83 hours 1,457 $1,762,956
per response =
$494.62 per response.
EOIR-42B............. $1,649 per response.... $0.80 per response..... $5 per response........ $84.84/hr x 5.83 hours 13,787 29,509,956
per response =
$494.62 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 cost
for practitioner assistance is based on the average hourly wage for an
attorney as estimated by the Bureau of Labor Statistics. The estimated
total public cost for each form is derived by adding the filing fee
with the estimated costs for hiring a practitioner to assist with
completing the form, printing the form, and mailing the form, and then
multiplying by the total number of annual responses.
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: October 22, 2026.
Darwin Arceo,
Department Clearance Officer for PRA, U.S. Department of Justice.
[FR Doc. 2026-21775 Filed 10-23-26; 8:45 am]
BILLING CODE 4410-30-P
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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.