Supporting Statement Revised.E26.5.15.2014

SUPPORTING STATEMENT

Notice of Appeal from a Decision of an Immigration Judge

Form EOIR- 26

Revision of a Currently Approved Collection

OMB No. 1125-0002

______________________________________________________________________________

Part A. Justification

1. Necessity of Information Collection - A party (either the U.S. Immigration and Customs Enforcement (ICE) of the Department of Homeland Security or the respondent/applicant) affected by a decision of an Immigration Judge may appeal that decision to the Board of Immigration Appeals (Board), provided the Board has jurisdiction pursuant to 8 C.F.R. ' 1003.1(b). An appeal from an Immigration Judge=s decision is taken by completing the Form EOIR-26 and submitting it to the Board. The form requests information, such as name, alien identification (or AA@) number, mailing addresses for respondent/applicant and attorney or representative, and basis of appeal, necessary for the Board to process the appeal of the decision of the Immigration Judge.

The form has been updated with three changes to provide clarification to respondents, and to revise dates and addresses. First, the first-class mail and courier addresses were consolidated in the General Instructions. Second, the General Instructions on page two for Lawyers and Representatives, was amended by removing information about the provision of attorney’s by the Government to account for the agency’s new policy of providing representation for mentally incompetent detainees. The information in this section was consolidated into one point for clarity. Lastly, the revision date at the bottom right-hand corner of each page has been updated from 2011 to 2014.

2. Needs and Uses - The form is filed and considered in the context of an immigration proceeding. Accordingly, information contained in the form is considered only to the extent necessary to process the appeal. The form is inserted into the official file for the respondent/applicant and certain information on the form is entered into EOIR=s internal-use only database. The form is reviewed by the Board in order to determine the sufficiency and merit of a party=s appeal.

3. Use of Technology - The use of this form provides the most efficient means for collecting and processing the required data. The Form EOIR-26 is available on EOIR=s website for printing. An individual may either type the requested information into the online form and then print the completed form for submission to the agency, or print the blank form in its entirety and complete it by typing or printing legibly.

Currently, EOIR does not have the capability in place to accept electronic submission of the Form EOIR-26. However, EOIR has also developed an eRegistry, which is part of a long-term agency initiative to create an electronic case access and filing system for the Immigration Court and the Board of Immigration Appeals.  eRegistry allows attorneys and accredited representatives with full accreditation to create and maintain a personal profile in order to electronically submit forms and update existing forms.  Electronic submission of the Form EOIR-26 through eRegistry is part EOIR’s long-term electronic filing initiative.

4. Efforts to Identify Duplication - The only method for appealing an Immigration Judge=s decision to the Board is to file a Form EOIR-26. A review of EOIR=s existing forms revealed no duplication of effort, and there is no similar information currently available which can be used for this purpose.

5. Impact on Small Businesses - This collection does not have an impact on small businesses or other small entities.

6. Consequences of Less Frequent Collection - Failure to collect and present the information regarding a party=s reasons for appeal would deprive the party of a mechanism through which to preserve and exercise the regulatory right to appeal from a decision of an Immigration Judge to the Board.

7. Special Circumstances Influencing Collection - A party affected by an Immigration Judge=s decision who wishes to appeal the decision must file the Form EOIR-26 within 30 calendar days of the Immigration Judge=s oral decision or the mailing date of the Immigration Judge=s written decision. 8 C.F.R. ' 1003.38(b). None of the other eight special circumstances identified in OMB instruction number 7 apply to this collection.

8. Federal Register Publication and Consultation- A 60-day notice covering this collection has been published in the Federal Register. A 30-day notice covering this collection has also been published in the Federal Register. Copies of these notices are attached. If comments are received, they will be considered and incorporated where appropriate.

9. Payment or Gift to Claimants - EOIR does not provide any payment or gifts to parties in immigration proceedings.

10. Assurance of Confidentiality - The original Notice of Appeal from a Decision of an Immigration Judge is maintained by EOIR in the official court record of proceeding (ROP) and is accessed by those EOIR employees processing the ROP. The confidentiality of the contents of a party=s Notice of Appeal from a Decision of an Immigration Judge is protected by EOIR, as are all the documents in the ROP, to the extent permitted by the law, including the Privacy Act and the Freedom of Information Act.

11. Justification for Sensitive Questions - There are no questions of a sensitive nature in the Form EOIR-26.

12. Estimate of Hour Burden

a. Number of Respondents 20,141

b. Number of Responses per Respondent 1

c. Total Annual responses 20,141

d. Hours per response .5

e. Total annual hourly reporting burden 10,070.5

The total annual reporting burden is derived by multiplying the number of respondents (20,141) by the frequency of response (1) by the number of hours per response (.5):

20,141 respondents x 1 response per respondent x .5 hour per respondent = 10,070.5 burden hours. It is estimated that the total time to read and complete the form and gather all materials is no more than 30 minutes. As noted above, the Form E-26 may be filed by either party to immigration proceedings before an Immigration Judge: the respondent or the attorney representing ICE. Of the 20,141 number of annual responses, 19,413 were filed by respondents.

13. Estimate of Cost Burden - There are no capital or start-up costs associated with this information collection. The estimated public cost is zero.

For informational purposes, there may be additional costs to respondents. As noted above, this form is used by both respondents in immigration proceedings and attorneys who represent ICE in those proceedings. The costs referenced in this paragraph apply only to respondents in immigration proceedings, and not to the attorneys who represent ICE. Respondents may incur a cost if they hire a private practitioner to assist them with completing the Form EOIR-26. The Bureau of Labor Statistics reports that the median hourly wage for lawyers is $62.21. For respondents who proceed without a practitioner, there is an estimated cost of $10 per hour for completing the form (the individuals’ time and supplies) in lieu of the practitioner cost. Respondents may also incur a cost of $110, which is the amount of the filing fee for this form. However, they may seek to have the filing fee waived by requesting a waiver from an Immigration Judge or by submitting Form EOIR 26-A.

14. Estimated Cost to Federal Government – EOIR estimates that the annual government cost for printing, distributing, stocking, processing and maintaining the Form EOIR-26 is $70,679.60. This amount includes printing costs of $12,084.60, which was derived by multiplying the 6 pages of the form by an estimated $.10 per copy by the estimated 20,141 respondents per year. This amount also includes stocking, processing and maintenance costs of $58,595, which was derived by calculating the personnel and overhead costs to EOIR for processing the form.

15. Reason for Change in Burden - The difference in burden is due to an agency adjustment, specifically an increase in the number of respondents. Previously, EOIR estimated 19,201 respondents annually. At present, there are approximately 20,141 respondents annually. As the number of hours per response remained the same (30 minutes), the total burden hours increased from 9,600.5 to 10,070.5 burden hours, for a difference of 470 burden hours. Because of the higher number of respondents, the cost burden similarly increased.

16. Plans for Publication - EOIR does not intend to employ the use of statistics or the publication thereof for this collection of information.

17. Exceptions to Certification Statement - EOIR does not request an exception to the certification of this information collection.

Section B. Collection of Information Employing Statistical Methods

Not applicable.

PAPERWORK CERTIFICATION

In submitting this request for OMB approval, I certify that the requirements of the Privacy Act and OMB directives have been complied with, including paperwork regulations, any applicable statistical standards or directives, and any other information policy directives promulgated under 5 C.F.R. ' 1320.

_____________________ __________________

Helaine Perlman Date

Senior Counsel for Immigration

Executive Office for Immigration Review

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