2013 E-27 Supporting Statement

SUPPORTING STATEMENT
1125-0005 Notice of Entry of Appearance as Attorney or Representative
Before the Board of Immigration Appeals (Form EOIR-27)
______________________________________________________________________________
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. An alien in removal proceedings may be represented, at no
expense to the Government, by counsel 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 an alien desires to be represented before the Board by an attorney
or representative, the attorney or representative must inform the Board that s/he is
entering an appearance on behalf of that alien. If an individual or party otherwise
appearing before the Board – for example, in an appeal from a visa petition case or an
appeal from a practitioner disciplinary proceeding – the attorney or representative must
inform the Board that s/he is entering an appearance on behalf of that party. An attorney
or representative must file a Notice of Entry of Appearance as Attorney or Representative
Before the Board of Immigration Appeals (Form EOIR-27) to notify the Board of the
representation. See 8 C.F.R. '' 1003.2(g)(1), 1003.38(g). The Form EOIR-27 is also
served on the U.S. Immigration and Customs Enforcement or the U.S. Citizenship and
Immigration Services of the Department of Homeland Security (DHS). An attorney or
practitioner must submit one EOIR-27 for each client.
The Form EOIR-27 collects basic information about the represented party and the
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attorney or representative. With respect to the represented party, the party=s name,
address, and identifying alien (A) number, where relevant, must be provided. The
attorney or representative must also enter the docket number for disciplinary cases and
provide the A number for beneficiaries of visa petition cases. With respect to the
attorney or representative, the form asks for details about the type of representative and
representation status. If the individual submitting the form is an attorney, the Form
EOIR-27 collects information about bar membership and standing in the bar. For
instance, the Form EOIR-27 requires the attorney to indicate whether he or she is subject
to any order of any court or administrative agency disbarring, suspending, enjoining,
restraining, or otherwise restricting him or her in the practice of law. If the individual
submitting the form is a non-attorney, that individual must indicate the grounds that allow
him or her to act as a representative. See 8 C.F.R. '' 1001.1(j), 1292.1(a) (defining who
may qualify as a Arepresentative@). If the individual is an accredited representative, as
defined in 8 C.F.R. § 1292.1(a)(4), s/he must provide the name of the recognized
organization with which s/he is accredited. Finally, the EOIR-27 collects information
about representation status. A practitioner must indicate whether s/he is the primary or
non-primary attorney and must also denote whether s/he is providing pro bono
representation.
EOIR has not made any modifications to the current EOIR-27, and seeks renewal
of the existing form for one additional year. EOIR has developed and intends to
implement an eRegistry electronic filing system for the EOIR-27 before the current form
expires. Renewal of the EOIR-27 for an additional year will allow the agency to
implement the existing form in our electronic filing system and make any necessary
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amendments to the form after one year, should any issues arise pursuant to the launch of
the electronic filing system.

2. Needs and Uses - The Notice of Entry of Appearance as Attorney or Representative
Before the Board of Immigration Appeals (Form EOIR-27) allows attorneys and
representatives to notify the Board that they are representing an alien or other party in
proceedings before the Board. Upon receipt of a form that establishes an individual is an
attorney in good standing or is otherwise able to represent a party before the Board, the
Board begins to treat the individual as the party=s legal representative during the
proceedings before the Board. The Form EOIR-27 also allows the Board to ensure that
only individuals authorized by regulation are entering appearances.

3. Use of Technology - The use of this form provides the most efficient means for
collecting and processing the required data. The Form EOIR-27 is available on EOIR=s
website for printing. Information can be typed into the online form which is then printed
out for submission to EOIR. In addition, an applicant may print the form in its entirety to
complete by typing or printing legibly. 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. The eRegistry will
allow attorneys and accredited representatives with full accreditation to create and
maintain a personal profile in order to electronically submit forms and update existing
forms. Upon implementation of the eRegistry, registrants will be able to use their stored
eRegistry information to pre-populate and, on a voluntary basis, electronically file the
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Form EOIR-27. EOIR intends to launch eRegistry and to implement voluntary electronic
filing of the Form EOIR-27 before the current form expires. However, individuals who
are not licensed attorneys and accredited representatives with full accreditation must
continue to print the form for submission at this time.

4. Efforts to Identify Duplication - The only method for an individual to enter his or her
appearance on behalf of an alien or other party in proceedings before the Board is to
complete and file the Form EOIR-27. 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 has a minor impact on small businesses
or other small entities to the extent they employ attorneys or accredited representatives
who represent parties in proceedings before the Board. However, this collection does not
impose undue burden on the small businesses or other entities. EOIR estimates that the
form takes six minutes to complete and requires no filing fee. In addition, the requested
information is needed to ensure that only attorneys in good standing or other qualified
individuals are entering appearances and representing aliens facing removal from the
United States.

6. Consequences of Less Frequent Collection - Failure to collect this information would
frustrate attempts by individuals to enter an appearance on behalf of parties in
proceedings before the Board.
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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 will be published in the Federal Register. 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 or their attorneys or representatives.

10. Assurance of Confidentiality - The Board retains the original form and places the
form in the record of proceedings, along with all other documents filed in the alien=s
proceeding. EOIR staff members, attorneys, and Board Members who process, review,
and adjudicate the case may access the Form EOIR 27. To the extent law permits, EOIR
protects the confidentiality of the contents of the Form EOIR-27. 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 Form EOIR-27 asks
sensitive questions of an attorney when it asks whether the attorney is in good standing in
the bar or subject to any order of any court or administrative agency disbarring,
suspending, enjoining, restraining, or otherwise restricting him or her in the practice of
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law, such questions are necessary for EOIR to determine whether counsel is duly
authorized to represent aliens before the Board. The information is used only to the
extent necessary in order to make that determination. To the extent that the Form EOIR27 asks sensitive questions of practitioners when it asks whether the representation is
provided on a pro bono basis, such question is necessary for EOIR to facilitate its pro
bono program. Under Operating Policies and Procedures Memorandum 08-01, the
particular needs of pro bono representatives who appear before the immigration courts
should be taken into consideration. OPPM 08-01: “Facilitating Pro Bono Legal Services”
(March 10, 2008), available at http://www.justice.gov/eoir/efoia/ocij/oppm08/08-01.pdf.

12. Estimate of Hour Burden
a. Number of Respondents

28,062

b. Number of Responses per Respondent

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c. Total Annual responses

28,062

d. Hours per response

6 minutes or 0.1 hour

e. Total annual hourly reporting burden

2,806

28,062 attorneys or representatives x 1 response per respondent x 0.1 hour per response =
2,806 burden hours. It is estimated that the total time to read and complete the form and
gather all materials is no more than 6 minutes.

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 Form EOIR-27.
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The estimated public cost is a maximum of $152,870. This amount is reached by
multiplying the burden hours (2,806) by $54.48, which represents the current median
hourly wage for attorneys, as set by the Bureau of Labor Statistics. $152,870 represents
the maximum estimate of cost burden. EOIR notes that this form is submitted by an
immigration practitioner, who is either an attorney or other form of representative; as
such, respondents are not likely to retain a practitioner to assist them in filling out the
form.

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 $152,870.

14. Estimated Cost to the Federal Government - It is estimated that the annual
government cost for printing, distributing, stocking, processing and maintaining the Form
EOIR-27 is $86,456 for EOIR.

15. Reasons for Change in Burden – The difference in hour burden is due to an agency
adjustment, specifically a decrease in the number of respondents. Previously, EOIR
estimated that there are approximately 28,868 respondents annually and EOIR currently
estimates 28,062 respondents. The number of hours per response (6 minutes) remains the
same, so the difference in hour burden is due to fluctuations in the number of
respondents.
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16. Plans for Publication - The 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.

_____________________
Jeff Rosenblum
General Counsel
Executive Office for Immigration Review

__________________
Date

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