EOIR-60 EOIR-61 SUPPORTING STATEMENT_Final Aug 2022_signed

SUPPORTING STATEMENT
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 Immigration Court (EOIR-61)
______________________________________________________________________________
Part A. Justification
1. Necessity of Information - The Department has detailed regulations regarding the
representation of private parties before the Board of Immigration Appeals (Board) and
the Immigration Courts. A noncitizen in removal proceedings may be represented, at no
expense to the Government, by a practitioner who is authorized to practice before the
Board and the Immigration Courts. See Immigration and Nationality Act (INA) §§
240(b)(4)(A), 292, 8 U.S.C. §§ 1229a(b)(4)(A), 1362 (2006); 8 C.F.R. §§ 1003.16(b),
1003.38(g) (2009). If a noncitizen wishes to be represented in proceedings before the
Board or the Immigration Court by a practitioner, the practitioner must inform EOIR that
they are entering an appearance to become the practitioner of record on behalf of that
individual. To do so, a practitioner must file a Notice of Entry of Appearance as
Attorney or Representative Before the Board of Immigration Appeals (Form EOIR-27) or
a Notice of Entry of Appearance as Attorney or Representative Before the Immigration
Court (Form EOIR-28). See 8 C.F.R. §§ 1003.17(a). The Forms EOIR-27 and EOIR-28
are also served on opposing counsel with the Department of Homeland Security (DHS),
U.S. Immigration and Customs Enforcement.

While EOIR permits the entry of a separate appearance for individual custody and noncustody related proceedings, historically the agency has not permitted the entry of limited
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appearances to assist with discrete matters within those individual proceedings. See
Matter of Velasquez, 19 I&N Dec. 377, 384 (BIA 1986). On September 30, 2020, EOIR
published a Notice of Proposed Rulemaking (NPRM) at 85 FR 61640 (Professional
Conduct for Practitioners—Rules and Procedures, and Representation and Appearances),
seeking to amend 8 CFR parts 1001 and 1003, to allow the entry of a limited appearance
for practitioners to provide document assistance to noncitizens in proceedings before
EOIR, without requiring the practitioner to become the practitioner of record. The
regulatory changes propose to clarify the definitions of practice and preparation before
EOIR, to define when an entry of appearance is required, and in such circumstances when
the entry of a limited appearance is required versus the entry of an appearance to become
the practitioner of record.

The NPRM proposed to amend the current appearance forms EOIR-27 and EOIR-28 to
add an option for a limited appearance. However, after further consideration, including
public comments received related to this proposed change, EOIR has elected to create
two stand-alone entry of appearance forms specifically for the entry of a limited
appearance – Notice of Entry of Limited Appearance for Document Assistance Before
the Board of Immigration Appeals (EOIR-60) and Notice of Entry of Limited
Appearance for Document Assistance Before the Immigration Court (EOIR-61). As such,
EOIR published a 60-day Federal Register Notice on August 30, 2021, to give the public
the opportunity to inspect the newly proposed forms and provide comment. No comments
were received. The proposed forms are estimated to take the same amount of time to
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complete (six minutes) as the current entry of appearance forms EOIR-27 and EOIR-28.
The forms will be available on EOIR’s website along with all of EOIR’s other forms, and
will be available as a fillable pdf. that may be electronically fillable once EOIR expands
its electronic filing case system.

Currently, there is no EOIR form for the entry of a limited appearance. While there are
forms for the entry of a full appearance to represent an individual in proceedings before
the Board and the Immigration Courts, EOIR agrees with the public commenters that it
would be better to create separate forms for the entry of a limited appearance. Unlike the
entry of appearance pursuant to an EOIR-27 or EOIR-28, the entry of a limited
appearance for document assistance does not change the noncitizen’s status as a pro se
respondent before EOIR. The entry of a limited appearance does not create any
continuing obligation on the part of the practitioner to continue to represent a noncitizen
before EOIR as would be required pursuant to the entry of an appearance pursuant to an
EOIR-27 or EOIR-28. As the public commenters suggested, expanding the use of the
EOIR-27 and EOIR-28 has the potential to cause confusion for the practitioners and the
government employees processing the forms. Moreover, the separate limited appearance
forms have the added benefit of expressly clarifying the scope of the practitioner’s
services to the noncitizen and to specify which documents the practitioner has assisted
with. As such, EOIR has decided to pursue approval of two new forms EOIR-60 and
EOIR-61 for the entry of a limited appearance, as opposed to expanding the current entry
of appearance forms used for the entry of an appearance to represent a noncitizen in
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proceedings before the Board and Immigration Courts.

2. Needs and Uses - The Forms EOIR-60 and EOIR-61 allow practitioners to notify the
Board or the Immigration Court that they are entering a limited appearance for document
assistance only. The forms permit the practitioner to identify the document they have
assisted with and attest that they have explained the limited scope of the services they
have provided to the noncitizen. These forms will allow EOIR to track and easily
identify the practitioners who have assisted a noncitizen with documents filed with EOIR
as a measure for detecting fraud, deterring ghost-writing and holding practitioners
accountable for their work. The forms further provide that practitioners who enter a
limited appearance are bound by EOIR’s Rules of Professional Behavior similar to those
entering a full appearance. The forms allow EOIR to ensure that only individuals
authorized by regulation are entering limited appearances on behalf of noncitizens facing
removal from the United States.

3. Use of Technology - The use of this form will provide the most efficient means for
collecting and processing the required data. The forms will be available on EOIR’s
website along with all of EOIR’s other forms, and will be available as a fillable pdf. that
may be filed electronically once EOIR further expands its electronic filing case system.
Alternatively, the forms may be printed for physical submission to EOIR. In addition,
the form may be printed in its entirety and completed by typing or printing legibly.

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4. Efforts to Identify Duplication - Currently, there is no EOIR form for the entry of a
limited appearance for document assistance. While EOIR does have forms for the entry
of appearance before EOIR for custody and non-custody proceedings, those forms result
in the entry of an appearance as the representative of record, binding the practitioner to
full representation before the Board or the Immigration Court for the life of the
proceeding, including appearing at all scheduled hearings, unless and until the
practitioner is permitted to withdraw. As the current entry of appearance forms are for a
completely different use and purpose, the creation of new entry of limited appearance
forms for document assistance only does not create a duplication of effort, and the
information currently collected cannot be used for this purpose.

5. Impact on Small Businesses - This collection has a minor impact on small businesses
or other small entities to the extent they employ practitioners who provide document
assistance to noncitizen respondents in proceedings before EOIR. However, this
collection does not impose undue burden on the small businesses or other entities. The
forms require no filing fee and EOIR estimates that the form takes six minutes to
complete. In addition, the requested information is needed to ensure that only
practitioners in good standing or otherwise qualified individuals are permitted to enter a
limited appearance before EOIR.

6. Consequences of Less Frequent Collection - Failure to collect this information would
preclude practitioners from entering a limited appearance on behalf of respondents in
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proceedings before EOIR.

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 – EOIR has published a Notice of
Proposed Rulemaking covering this collection in the Federal Register. See 85 FR 61640
(Sept. 30, 2020). A copy of this notice is attached. EOIR further published a separate
60-day Federal Register notice on August 30, 2021, (86 FR 48443), soliciting comments
from the public on this information collection. Public comments were received pursuant
to the NPRM recommending that EOIR create separate appearance forms for entering a
limited appearance. No public comments were received pursuant to the 60-day FR
notice. If any additional comments are received following publication of the final rule,
those comments 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 or their attorneys or representatives.

10. Assurance of Confidentiality – The Board of Immigration Appeals and the
Immigration Courts retain the original form in the record of proceedings, along with all
other documents filed in the proceeding. EOIR staff members and adjudicators who
process, review and adjudicate the case may access the Forms EOIR-60 and EOIR-61.
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To the extent permitted by law, EOIR will protect the confidentiality of the contents of
the Form EOIR-60 and -61. EOIR would release information in accordance with the
Privacy Act and the Freedom of Information Act.

11. Justification for Sensitive Questions - To the extent that the Forms EOIR-60 and
EOIR-61 includes a sensitive question by asking whether an attorney is in good standing
with their admitting bar or subject to any order of any court or administrative agency
disbarring, suspending, enjoining, restraining, or otherwise restricting them in the
practice of law, such question is necessary for EOIR to determine whether the individual
is duly authorized to practice before EOIR. The information is used only to the extent
necessary in order to make that determination.

12. Estimate of Hour Burden
EOIR-60
a. Number of Respondents

53,816

b. Number of Responses per Respondent

1 each

c. Total Annual Responses

53,816

d. Hours per Response

.1 hours

e. Total Annual Hourly Reporting Burden

5,381.6 hours

53,816 respondents x 1 response per respondent x 6 minutes per response = 5,381.6
burden hours.

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EOIR-61
a. Number of Respondents

787,213

b. Number of Responses per Respondent

1 each

c. Total Annual Responses

787,213

d. Hours per Response

.1 hours

e. Total Annual Hourly Reporting Burden

78,721.3 hours

787,213 respondents x 1 response per respondent x 6 minutes per response = 78,721.3
burden hours.

Total burden hours for both the EOIR-60 (5,381) and the EOIR-61 (78,721) is expected
to be 84,102.

13. Estimate of Cost Burden
There are no capital or start-up costs associated with this information collection. There
are also no fees associated with filing this information collection. The estimated public
cost is $5,132,763. This amount is reached by multiplying the burden hours (84,102) by
$61.03, which represents the current median hourly wage for attorneys, as set by the
Bureau of Labor Statistics. $5,132,763 represents the maximum estimate of cost burden.
EOIR notes that these forms are submitted by an immigration practitioner, who is
generally an attorney or other form of legal representative; as such, respondents are not
likely to retain a practitioner to assist them in filling out the form.

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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 $5,132,763.

14. Estimated Cost to the Federal Government - The estimated annual cost for printing,
distributing, stocking, processing, and maintaining the Forms EOIR-60 and EOIR-61 is
$5,358,439.

15. Reasons for Change in Burden – This is a new collection.

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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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.

CHRISTINA
BAPTISTA

Digitally signed by
CHRISTINA BAPTISTA
Date: 2022.08.31 12:29:33
-04'00'

8/31/2022
__________________
Date

_____________________
Christina Baptista
Senior Counsel for Immigration
Office of the General Counsel
Executive Office for Immigration Review

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