Supporting statement 2016 EOIR42 OMB1125-0001

SUPPORTING STATEMENT
1125-0001 Application 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)

Part A. Justification
1. Necessity of Information - Effective April 1, 1997, 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 his/her removal. To be granted such relief from removal, the applicant
must prove that he/she meets all the statutory prerequisites for such relief and
that he/she is 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. In turn, Form EOIR-42B permits
application for two separate forms of relief: (1) cancellation of removal for
nonpermanent residents; and (2) a form of relief called Special Rule for
Battered Spouse or Child (“special rule cancellation”) developed under the
Violence Against Women Act. Each applicant for cancellation of removal
will file one application based on the individual facts and circumstances in
his/her case. The form contains information, such as identifying
characteristics, residence and employment history, and family information,
which is necessary for the Attorney General to decide whether to permit the
applicant to remain in the United States. Only non-substantive changes have

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been made to both forms (see attached forms with formatting changes
highlighted and written narrative of changes).

2. Needs and Uses - The application for cancellation of removal (Form EOIR-42A
or Form EOIR-42B) is filed and considered in the context of an immigration
proceeding. Accordingly, information contained in the application is considered
only to the extent necessary to process the application. The application is
accepted into the official record of the immigration proceeding and is considered
by an Immigration Judge or, if the case is on appeal, the Board of Immigration
Appeals, in determining whether to grant or deny the applicant’s request for
cancellation of removal. The authority to adjudicate the application for
cancellation of removal has been delegated to EOIR by the Attorney General.

3. Use of Technology - The use of this form provides the most efficient means for
collecting and processing the required data. The Form EOIR-42A and Form
EOIR-42B are available on EOIR’s website for printing. An applicant can 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 to accept electronic submission of
either Form EOIR-42A or EOIR-42B. However, EOIR has developed an
eRegistry, which is part of a long-term agency initiative to create an electronic

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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 Forms EOIR-42A and EOIR-42B through eRegistry are part of EOIR’s longterm electronic filing initiative.

4. Efforts to Identify Duplication - The only method for applying for cancellation
of removal in immigration proceedings is for an alien to file the Form EOIR-42A
or Form EOIR-42B, as applicable. A review of EOIR’s forms revealed no
duplication of effort, and there is no other 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 this information
would deprive the individual of establishing his or her eligibility for cancellation
of removal.

7. Special Circumstances Influencing Collection - None of the eight special
circumstances identified in OMB instruction number 7 apply to this collection.
The Immigration Judge presiding over the applicant’s immigration proceedings

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has the discretion to set the period of time the applicant is given to respond to this
collection. However, an applicant may request from the Immigration Judge an
extension of time in which to file the collection and may appeal the decision of
the Immigration Judge to the Board of Immigration Appeals.

8. Federal Register Publication and Consultation - A 60-day notice covering this
collection has been published in the Federal Register. See 81 FR 12127 (Mar. 8,
2016). A 30-day notice covering this collection will be 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 application is maintained by the
EOIR in the official court record of proceeding (ROP) and is accessed by staff
members processing the ROP. The confidentiality of the contents of the Form
EOIR-42A and Form EOIR-42B 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 - Any question that seeks sensitive
information is necessary for the Immigration Judge to consider an applicant’s

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statutory and discretionary eligibility for cancellation of removal and to determine
his/her legal right to remain in the United States. See number 10 immediately
above.

12. Estimate of Hour Burden
a. Number of Respondents

25,654

b. Number of Responses per Respondent

1 each

c. Total Annual responses

25,654

d. Hours per response

5 hours, 50 minutes

e. Total annual hourly reporting burden

148,793

The total annual reporting burden is derived by multiplying the number of
respondents (25,654) by the frequency of response (1) by the number of hours per
response (5 hours, 50 minutes or 5.8):
25,654 respondents x 1 response per respondent x 5.8 hours per respondent =
148,793 burden hours.

13. Estimate of Cost Burden
There are no capital or start-up costs associated with this information collection.
The estimated total public cost is a maximum of $12,113,446. This estimate is
derived by multiplying the burden hours of 148,793 by the estimated practitioner
cost of $64.17/hr., plus a filing fee of $100 per respondent.
148,793 burden hours x $64.17/hr. (estimated practitioner cost) = $9,548,046.
$100 filing fee x 34,851 respondents = $2,565,400.

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$9,548,046 + $2,565,400 = $12,113,446.
The total amount listed above ($12,113,446) represents the maximum estimated
cost burden to the public. The practitioner fee represents the median hourly wage
for lawyers, as reported by the Bureau of Labor Statistics.

The actual costs may vary depending on a number of factors. For example, some
applicants for cancellation of removal will not retain a practitioner to assist them
in filling out the form and, therefore, will not incur practitioner fees. For such
individuals, there is an estimated cost of $10 per hour for completing the form
(the individuals’ time and supplies) in lieu of the practitioner cost. EOIR has not
included this amount as it is less than the estimated practitioner cost and would
not add to the maximum estimate of $12,113,446. Additionally, applicants may
seek to have the $100 filing fee waived by requesting a waiver from an
Immigration Judge or submitting Form E-26A.

14. Estimated Cost to the Federal Government - EOIR estimates that the annual
government cost for printing, distributing, stocking, processing and maintaining
the Forms EOIR-42A and EOIR-42B is $111,249. This amount includes printing
costs of $33,350, which was derived by multiplying the 13 pages of the Form
EOIR-42B 1 by an estimated $.10 per copy by the estimated 25,654 respondents
per year. This amount also includes stocking, processing and maintenance costs

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The Form EOIR-42A has 12 pages. EOIR based its calculations on the 13 pages of the EOIR-42B to
generate a maximum estimated cost.

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of $77,899, which was derived by calculating the personnel and overhead costs to
EOIR for processing the form.

15. Reasons for Change in Burden - The difference in burden is due to an agency
adjustment, specifically a decrease in the number of respondents. Previously,
EOIR estimated 34,815 respondents annually. At present, there are
approximately 25,654 respondents annually. As the number of hours per response
remained the same (5 hours and 50 minutes), the total burden hours decrease from
202,971 to 148,793 burden hours, for a difference of 54,178 burden hours.
Because of the lower number of respondents, the cost burden similarly decreased.

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

Section B. Collection of Information Employing Statistical Methods
This collection does not employ statistical methods.

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