2021 EOIR-40 SUPPORTING STATEMENT_Signed

SUPPORTING STATEMENT
OMB No. 1125-0009
Application for Suspension of Deportation
Form EOIR-40
______________________________________________________________________________
Part A. Justification
1. Necessity of Information Collection - Certain individuals who are deportable from the
United States may be eligible to request that the Attorney General suspend their
deportation and adjust their status under former section 244 of the Immigration and
Nationality Act (INA). See also 8 C.F.R. § 1240.55 (2011). To be granted such relief
from deportation, the applicant must prove that s/he meets all the statutory
prerequisites for such relief and that s/he is entitled to a favorable exercise of
discretion. Each applicant for suspension of deportation will file one application
(Form EOIR-40) based on the individual facts and circumstances in his/her case. The
form contains information, such as identifying characteristics, residence, 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. The authority to
adjudicate the application for suspension of deportation has been delegated to
immigration judges by the Attorney General. EOIR seeks a three year extension.

The one substantive change is to permit the Form EOIR-40 to be electronically filed
and served on the opposing. All other proposed changes are non-substantive in nature
(e.g., typographical and grammatical edits).

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2. Needs and Uses - The application for suspension of deportation (Form EOIR-40) 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 the Board of
Immigration Appeals if on appeal, in determining the applicant’s request for
suspension of deportation. The authority to adjudicate the application for suspension
of deportation 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-40 is available on
EOIR’s website as a fillable pdf. Information can be typed into the online form,
which can then be printed out for submission to the agency, or the individual has the
option of printing the form in its entirety for completion by typing or printing legibly.
EOIR is also further developing its electronic case filing system, which will allow
respondents to electronically file the form and service it on the opposing party.
Respondent’s representatives already have the ability to electronically file the form
through the system. Respondents may also serve the opposing party by email, or if
filed through the electronic case filing system, the system will automatically serve the
opposing party.

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4. Efforts to Identify Duplication - The only method for applying for suspension of
deportation for an alien in immigration proceedings is to file the Form EOIR-40. A
review of EOIR’s forms revealed no duplication of effort, and there is no similar
information currently being collected 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 from establishing his or her eligibility for suspension of
deportation.
7. Special Circumstances Influencing Collection - None of the 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 was published in the Federal Register on September 28, 2021. See 86 FR
53677. No public comments were received. A 30-day notice covering this collection
will be published in the Federal Register. If any public comments are received, they
will be considered and incorporated as appropriate.
9. Payment or Gift to Claimants - EOIR does not provide any payment or gifts to
individuals in exchange for the information provided in Form EOIR-40.

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10. Assurance of Confidentiality - The original application is maintained by EOIR in the
official court record of proceeding (ROP) and is accessed by those staff members
processing the ROP. The confidentiality of the contents of the Form EOIR-40 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 inquires into matters
commonly considered as private is necessary for the immigration judge to consider an
applicant’s statutory and discretionary eligibility for suspension of deportation and to
determine his/her legal right to remain in the United States. See number 2, above.

12. Estimate of Hour Burden
a. Number of Respondents

133

b. Number of Responses per Respondent

1 each

c. Total Annual responses

133

d. Hours per response

5 hours, 45 minutes

e. Total annual hourly reporting burden

764.75

The total annual reporting burden is derived by multiplying the number of respondents
(133) by the frequency of response (1) by the number of hours per response (5 hours, 45
minutes or 5.75): 133 respondents x 1 response per respondent x 5 hours, 45 minutes per
respondent = 764.75 burden hours. The reporting burden for this collection of
information is computed as follows: 1) learning about the form, 45 minutes, 2)
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completing the form, 2 hours, and 3) assembling and filing the form, 3 hours, for an
average of 5 hours, 45 minutes per application.

13. Estimate of Cost Burden - There are no capital or start-up costs associated with this
information collection. The estimated total public cost is $. This estimate is derived by
multiplying the burden hours of 764.75 by the estimated practitioner cost of $61.03 per
hour, plus a filing fee of $100 per respondent.
764.75 burden hours x $61.03/hr (estimated practitioner cost) = $46,672.69
$100 filing fee x 133 respondents = $13,300
$52,171.25+ $13,300 = $59,972.69
These costs are estimates with respect to the burden on the public and may vary greatly
depending on whether a respondent uses a practitioner for assistance in completing the
form, the level of detail a respondent includes in the form and whether the respondent
seeks a waiver of the filing fee. The amount of $59,972.69 represents the maximum
estimate of cost burden. EOIR recognizes that a certain portion of the respondents will
not retain a practitioner to assist them in filling out the form; accordingly, not every
respondent will incur the practitioner’s fees. The practitioner fee represents the median
hourly wage for lawyers, as reported by the Bureau of Labor Statistics. For those
individuals 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. This amount to the individual is not included as it is less than the estimated
practitioner cost and would not add to the maximum estimate of $59,972.69.
Additionally, respondents may seek to have the $100 filing fee waived by requesting a
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waiver from an Immigration Judge or submitting Form E-26A.

14. Estimated Cost to Federal Government - It is estimated that the annual cost for
printing, distributing, stocking, processing, and maintaining the Form EOIR-40 is
$761.50. This estimate was derived by adding the cost to process the total annual
responses to the overhead costs to the agency. The annual cost to process the forms was
derived by dividing the hourly wage to process the form ($25.91) by the number of forms
processed in one hour (7.5) multiplied by the total estimated annual responses (133) =
$459.47. The overhead cost to the agency is estimated to be 31% of the annual cost to
process the forms ($142.43) = $601.90. The form, including the instructions, is twelve
pages. The maximum cost of printing the form, were the agency to provide the applicants
with copies of the form as a courtesy, would be $159.60 (133 forms x 12 pages x .10 per
page).

15. Reason for Change in Burden -The difference in hour burden in the present ICR is
due to an agency adjustment, specifically a decrease in the number of respondents.
Previously, EOIR estimated 160 respondents annually. At present, there are
approximately 133 respondents annually. As the number of hours per response remained
the same (5 hours, 45 minutes), the total burden hours decreased from 920 to 764.75
burden hours, for a difference of 155.25 burden hours. Because of the lower number of
respondents, the cost burden to respondents similarly decreased to reflect the adjustment
for the number of applicants.

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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
This collection does not employ statistical methods.

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PAPERWORK CERTIFICATION

In submitting this request for Office of Management and Budget (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.

signed by
CHRISTINA Digitally
CHRISTINA BAPTISTA
Date: 2021.11.26
BAPTISTA
09:04:00 -05'00'
_____________________

11/26/2021
__________________
Date

Christina Baptista
Senior Counsel for Immigration
Executive Office for Immigration Review

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