Notice of Entry of Appearance as Attorney or Representative Before the Immigration Court

Forms and Documents

Document Name	Status
Form EOIR-28 Notice of Entry of Appearance as Attorney or Representative Before the Immigration Court Form and Instruction	Modified
Cover Memorandum to Lynn Murray.pdf Supplementary Document	2013-07-17
OMB 83-I.pdf Supplementary Document	2013-07-17
30DayFRNotice.pdf Supplementary Document	2013-07-17
8CFR1003.17a.pdf Supplementary Document	2013-07-17
8USC1229ab4A.pdf Supplementary Document	2013-07-17
2013-07667FedReg.pdf Supplementary Document	2013-04-29
Supporting Statement.pdf Supporting Statement A	2013-04-29
Paperwork Certification.pdf Supplementary Document	2013-04-29

IC Document Collections

IC ID	Document Title	Status
12683	Notice of Entry of Appearance as Attorney or Representative Before the Immigration Court Form and Instruction	Modified

ICR Details

OMB Control No: 1125-0006	ICR Reference No: 201304-1125-001
Status: Historical Active	Previous ICR Reference No: 201202-1125-001
Agency/Subagency: DOJ/EOIR	Agency Tracking No: EOIR-28
Title: Notice of Entry of Appearance as Attorney or Representative Before the Immigration Court
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 11/13/2013
	Date Received in OIRA: 08/23/2013
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2016	09/30/2014	11/30/2013
Responses	174,609	0	165,614
Time Burden (Hours)	17,461	0	16,561
Cost Burden (Dollars)	0	0	0

---

Abstract: This inforamtion is used to allow attoneys or representatives to file their entry of appearance for each matter before the Immigration Court, and to notify the U.S. Immigration and Customs Enforcement of the Department of Homeland Security of the representation.

---

Authorizing Statute(s): US Code: 8 USC 1229a(b)(4)(A) Name of Law: Alien's rights in proceeding
   US Code: 8 USC 1003.17 Name of Law: Appearances
  

Citations for New Statutory Requirements: None

---

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

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	78 FR 20140	04/03/2013
30-day Notice:	Federal Register Citation:	Citation Date:
	78 FR 36576	06/18/2013
Did the Agency receive public comments on this ICR? No

---

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

IC Title	Form No.	Form Name
Notice of Entry of Appearance as Attorney or Representative Before the Immigration Court	EOIR-28	Notice of Entry of Appearance as Attorney or Representative Before the Immigration Court

---

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	174,609	165,614	0	0	8,995	0
Annual Time Burden (Hours)	17,461	16,561	0	1	899	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

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

Burden Reduction Due to:

Short Statement: The difference in burden is due to an agency adjustment, specifically an increase in the number of respondents. Previously, EOIR estimated 165,614 respondents annually. At present, there are approximately 174,609 respondents annually. As the number of hours per response remained the same (6 minutes), the total burden hours increased from 16,561 to 17,460 burden hours, for a difference of 889 burden hours. Because of the higher number of respondents, the cost burden similarly increased to reflect the adjustment for the number of applicants.

---

Annual Cost to Federal Government: $218,769

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

---

Common Form ICR:  No

---

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: 08/23/2013

---