Notice of Appeal from a Decision of an Immigration Judge

Forms and Documents

Document Name	Status
Form EOIR-26 Notice of Appeal from a Decision of an Immigration Judge Form and Instruction	Modified
Authority.pdf Supplementary Document	2011-11-08
Narrative Changes to Form.pdf Supplementary Document	2011-11-08
EOIR-26 Form edits.pdf Supplementary Document	2011-11-08
83-i.pdf Supplementary Document	2011-11-08
Cover Memo to JMD.pdf Supplementary Document	2011-11-08
Supporting Statement Revised.doc Supporting Statement A	2012-06-06

IC Document Collections

IC ID	Document Title	Status
12671	Notice of Appeal from a Decision of an Immigration Judge Form and Instruction	Modified

ICR Details

OMB Control No: 1125-0002	ICR Reference No: 201111-1125-002
Status: Historical Active	Previous ICR Reference No: 200808-1125-004
Agency/Subagency: DOJ/EOIR	Agency Tracking No: EOIR-26
Title: Notice of Appeal from a Decision of an Immigration Judge
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 06/08/2012
	Date Received in OIRA: 03/07/2012
Terms of Clearance: EOIR should continue to work towards making this collection fully electronic.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2014	36 Months From Approved	06/30/2012
Responses	19,201	0	23,417
Time Burden (Hours)	9,601	0	11,709
Cost Burden (Dollars)	0	0	3,161,295

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Abstract: A party affected by a decision of an Immigration Judge may appeal to the Board of Immigration Appeals (BIA) using form EOIR-26, provided the BIA has jurisdiction pursuant to 8 CFR 1003.1(b).

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Authorizing Statute(s): US Code: 8 USC 1003.38 Name of Law: IMMIGRATION AND NATIONALITY
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 70754	11/15/2011
30-day Notice:	Federal Register Citation:	Citation Date:
	77 FR 3003	01/20/2012
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Notice of Appeal from a Decision of an Immigration Judge	EOIR-26	Notice of Appeal from a Decision of an Immigration Judge

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	19,201	23,417	0	0	-4,216	0
Annual Time Burden (Hours)	9,601	11,709	0	0	-2,108	0
Annual Cost Burden (Dollars)	0	3,161,295	0	0	-3,161,295	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: There is a decrease in the burden hours. It appears that the analysis in 2008 did not account for the fact that not every appeal filed with the Board requires the use of form EOIR-26. Also, cost burden was adjusted to $0 because the previous cost burden estimate consisted only of the monetized value of time for attorneys to complete the form, which is accounted for in the time burden estimate.

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Annual Cost to Federal Government: $82,050

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 03/07/2012

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