Notice of Entry of Limited Appearance for Document Assistance Before the Board ofImmigration Appeals; and Notice of Entry of Limited Appearance for Document Assistance Before the Immigration Court

Forms and Documents

Document Name	Status
Form EOIR-61 Notice of Entry of Limited Appearance for Document Assistance Before the Immigration Court Form and Instruction	New
Form EOIR-60 Notice of Entry of Limited Appearance for Document Assistance Before the Board of Immigration Appeals Form and Instruction	New
EOIR-60 EOIR-61 SUPPORTING STATEMENT_signed.pdf Supporting Statement A	2021-11-23

IC Document Collections

IC ID	Document Title	Status
250344	Notice of Entry of Limited Appearance for Document Assistance Before the Immigration Court Form and Instruction	New
250343	Notice of Entry of Limited Appearance for Document Assistance Before the Board of Immigration Appeals Form and Instruction	New

ICR Details

OMB Control No:	ICR Reference No: 202111-1125-001
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: DOJ/EOIR	Agency Tracking No: EOIR-60; EOIR-61
Title: Notice of Entry of Limited Appearance for Document Assistance Before the Board ofImmigration Appeals; and Notice of Entry of Limited Appearance for Document Assistance Before the Immigration Court
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 11/26/2021

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	841,029	0
Time Burden (Hours)	84,103	0
Cost Burden (Dollars)	0	0

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Abstract: This information collection is necessary to allow an attorney or representative to notify the Board of Immigration Appeals or the Immigration Court that he or she is entering a limited appearance to assist a pro se respondent with a legal filing or other document to be filed with EOIR. Pursuant to the Notice of Proposed Rulemaking, Professional Conduct for Practitioners—Rules and Procedures, and Representation and Appearances, 85 FR 61640 (Sept. 30, 2020), the agency indicated that it intended to revise in accordance with the rulemaking the currently approved Form EOIR–26, Notice of Appeal from a Decision of an Immigration Judge; Form EOIR–27, Notice of Entry of Appearance as Attorney or Representative Before the Board of Immigration Appeals; and Form EOIR–28, Notice of Entry of Appearance as Attorney or Representative Before the Immigration Court. However, after further consideration, the agency has determined that a separate stand-alone form for the entry of a limited appearance before each adjudicatory component would be the most appropriate method for the collection of this information. The separate forms EOIR–60 and EOIR–61 are intended to provide greater clarity to the practitioners using the forms, the pro se respondents who are only engaging with the practitioners in a limited capacity, and for the EOIR staff processing the forms.

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Authorizing Statute(s): US Code: 8 USC 1229a(b)(4)(A) Name of Law: Immigration and Nationality Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1125-AA83	Proposed rulemaking	85 FR 61640	09/30/2020

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 48443	08/30/2021
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Notice of Entry of Limited Appearance for Document Assistance Before the Board of Immigration Appeals	EOIR-60	Notice of Entry of Limited Appearance for Document Assistance Before the Board of Immigration Appeals
Notice of Entry of Limited Appearance for Document Assistance Before the Immigration Court	EOIR-61	Notice of Entry of Limited Appearance for Document Assistance Before the Immigration Court

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ICR Summary of Burden

	Total Request	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	841,029	0	0	841,029	0	0
Annual Time Burden (Hours)	84,103	0	0	84,103	0	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: New Collection pursuant to NPRM

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Annual Cost to Federal Government:

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     Yes

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? No

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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: 11/26/2021

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