Supporting Statement EOIR26 (OMB1125-0002) 2016 (2)

SUPPORTING STATEMENT
Notice of Appeal from a Decision of an Immigration Judge
Form EOIR- 26
Extension Without Change of a Currently Approved Collection
OMB No. 1125-0002
______________________________________________________________________________
Part A. Justification
1. Necessity of Information Collection - A party (either the U.S. Immigration and
Customs Enforcement (ICE) of the Department of Homeland Security or the
respondent/applicant) affected by a decision of an Immigration Judge may appeal that
decision to the Board of Immigration Appeals (Board), provided the Board has
jurisdiction pursuant to 8 C.F.R. 1003.1(b). An appeal from an Immigration Judge’s
decision is taken by completing the Form EOIR-26 and submitting it to the Board. The
form requests information, such as name, alien identification number, mailing addresses
for respondent/applicant and attorney or representative, and basis of appeal, necessary for
the Board to process the appeal of the decision of the Immigration Judge. The Executive
Office for Immigration Review (EOIR) seeks an extension without change of this
currently approved collection.

2. Needs and Uses - The form is filed and considered in the context of an immigration
proceeding. Accordingly, information contained in the form is considered only to the
extent necessary to process the appeal. The form is inserted into the official file for the
respondent/applicant and certain information on the form is entered into EOIR’s internal
use only database. The form is reviewed by the Board in order to determine the
sufficiency and merit of a party’s appeal.
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3. Use of Technology - The use of this form provides the most efficient means for
collecting and processing the required data. The Form EOIR-26 is available on EOIR’s
website for printing. An individual may either type the requested information into the
fillable form online 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 only has limited automated capabilities in place to accept the electronic
submission of certain forms. However, EOIR is exploring a number of electronic
document initiatives, including electronic submission of additional EOIR forms.
Electronic submission of the Form EOIR-26 through EOIR’s eRegistry system, 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, is part EOIR’s longterm electronic filing initiative.

4. Efforts to Identify Duplication - The only method for appealing an Immigration
Judge’s decision to the Board is to file a Form EOIR-26. A review of EOIR’s existing
forms revealed no duplication of effort, and there is no 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 and present the
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information regarding a party’s reasons for appeal would deprive the party of a
mechanism through which to preserve and exercise the regulatory right to appeal from a
decision of an Immigration Judge to the Board.

7. Special Circumstances Influencing Collection - A party affected by an Immigration
Judge’s decision who wishes to appeal the decision must file the Form EOIR-26 within
30 calendar days of the Immigration Judge’s oral decision or the mailing date of the
Immigration Judge’s written decision. 8 C.F.R. 1003.38(b). None of the other eight
special circumstances identified in OMB instruction number 7 apply to this collection.

8. Federal Register Publication and Consultation- 60-day and 30-day notices covering
this collection have been published in the Federal Register. See 81 FR19639 (Apr. 5,
2016); 81 FR 37641 (Jun. 10, 2016). Copies of these notices are attached. One comment
was received that was nonresponsive to the information collection at issue, and, as such,
no changes have been incorporated.

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 Notice of Appeal from a Decision of an
Immigration Judge is maintained by EOIR in the official court record of proceeding
(ROP) and is accessed by those EOIR employees processing the ROP. The
confidentiality of the contents of a party’s Notice of Appeal from a Decision of an
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Immigration Judge 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 - There are no questions of a sensitive nature in
the Form EOIR-26.

12. Estimate of Hour Burden
a. Number of Respondents

17,627

b. Number of Responses per Respondent

1

c. Total Annual responses

17,627

d. Hours per response

.5

e. Total annual hourly reporting burden

8,813.5

The total annual reporting burden is derived by multiplying the number of respondents
(17,627) by the frequency of response (1) by the number of hours per response (.5):
17,627 respondents x 1 response per respondent x .5 hour per respondent = 8,813.5
burden hours. It is estimated that the total time to read and complete the form and gather
all materials is no more than 30 minutes. As noted above, the Form E-26 may be filed by
either party to immigration proceedings before an Immigration Judge: the respondent or
the attorney representing ICE. Of the 17,627 number of annual responses, EOIR
estimates that 17,063 will be filed by respondents.

13. Estimate of Cost Burden - There are no capital or start-up costs associated with this
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information collection. The estimated public cost is zero.

For informational purposes, there may be additional costs to respondents. As noted
above, this form is used by both respondents in immigration proceedings and attorneys
who represent ICE in those proceedings. The costs referenced in this paragraph apply
only to respondents in immigration proceedings, and not to the attorneys who represent
ICE. Respondents may incur a cost if they hire a private practitioner to assist them with
completing the Form EOIR-26. The Bureau of Labor Statistics reports that the median
hourly wage for lawyers is $64.17. For respondents 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. Respondents may also incur a cost of $110,
which is the amount of the filing fee for this form. However, they may seek to have the
filing fee waived by requesting a waiver from an Immigration Judge or by submitting
Form EOIR 26-A.

14. Estimated Cost to Federal Government – EOIR estimates that the annual government
cost for printing, distributing, stocking, processing and maintaining the Form EOIR-26 is
$63,127.20. This amount includes printing costs of $10,576.20, which was derived by
multiplying the 6 pages of the form by an estimated $.10 per copy by the estimated
17,627 respondents per year. This amount also includes stocking, processing and
maintenance costs of $52,551, which was derived by calculating the personnel and
overhead costs to EOIR for processing the form.

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15. Reason 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 20,141 respondents annually. At present, there are approximately 17,627
respondents annually. As the number of hours per response remained the same (30
minutes), the total burden hours decreased from 10,070.5 to 8,813.5 burden hours, for a
difference of 1257 burden hours saved. 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 Certification Statement - EOIR does not request an exception to the
certification of this information collection.

Section B. Collection of Information Employing Statistical Methods
Not applicable.

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