2018 EOIR-28 SUPPORTING STATEMENT 1 signed

SUPPORTING STATEMENT
OMB No. 1125-0006
Notice of Entry of Appearance as Attorney or Representative
Before the Immigration Court (Form EOIR-28)
______________________________________________________________________________
Part A. Justification
1. Necessity of Information –
Background. 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 Immigration Court by an attorney or
representative, the attorney or representative must inform the Immigration Court that s/he
is entering an appearance on behalf of that alien. If an individual is appearing as a
representative in a practitioner disciplinary proceeding, the representative must inform the
Immigration Court that s/he is entering an appearance. An attorney or representative
must file a Notice of Entry of Appearance as Attorney or Representative Before the
Immigration Court (Form EOIR-28) to notify the Immigration Court of the
representation. See 8 C.F.R. §§ 1003.17(a). The Form EOIR-28 is also served on the
relevant agency of the Department of Homeland Security (DHS) – U.S. Immigration and
Customs Enforcement.
1

Information Collection. The Form EOIR-28 collects basic information about the
represented party and the attorney or representative. With respect to the represented
party, the party=s name, address, and identifying alien (A) number, where applicable,
must be provided.
With respect to the attorney or representative, the form requires information – in
the form of check boxes – about the type of representation, i.e., attorney, accredited
representative, law student or law graduate, reputable individual, accredited foreign
government official, or individual authorized to practice on December 23, 1952.
If the individual submitting the form is an attorney, the Form EOIR-28 collects
information about bar membership and standing with the bar. For example, the Form
EOIR-28 requires the attorney to indicate whether s/he 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 attorney is subject to such an order,
s/he is instructed, per the attached revisions, to not check the box indicating that s/he is an
attorney and, instead, to explain the details of such order on the reverse of the form.
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.
If the individual is an accredited foreign government official, the individual must
indicate, which country s/he is from.
For all representatives, whether attorney or non-attorney, the Form EOIR-28 also
collects information about representation status. Specifically, a practitioner must indicate

2

whether s/he is the primary or non-primary attorney/representative and must also denote
whether s/he is providing pro bono representation.
The attorney attestation section has also been revised to accommodate qualified
representatives ordered by EOIR to appear on an alien’s behalf. Pursuant to its April 22,
2013 nationwide policy, EOIR will be providing qualified representatives to
unrepresented immigration detainees with serious mental disorders who are deemed by an
immigration judge to be mentally incompetent to represent themselves in immigration
proceedings. The Form EOIR-28 permits representatives to indicate if they are appearing
at the alien’s request or pursuant to an EOIR order for the provision of a qualified
representative.
On the second page of the form, Practitioners appearing “on behalf of” an attorney
must provide the date of the hearing for the appearance.

2. Needs and Uses - The Form EOIR-28 allows attorneys and representatives to notify the
Immigration Court that they are representing an alien in immigration proceedings before
the Immigration Court. Upon receipt of a form that establishes an individual is an
attorney in good standing or is otherwise able to represent an alien before the Immigration
Court, the Immigration Court designates the individual as the alien=s legal representative
during the proceedings before the Immigration Court. The Form EOIR-28 also allows
the Immigration Court to ensure that only individuals authorized by regulation are
entering appearances on behalf of aliens facing removal from the United States.

3

3. Use of Technology - The use of this form provides the most efficient means for
collecting and processing the required data. The Form EOIR-28 is available on EOIR=s
website for printing. A practitioner can type information directly into the online form and
then print it for submission to EOIR, or s/he may print the blank form in its entirety and
complete it by typing or printing legibly. Attorneys and accredited representatives with
full accreditation may also electronically submit forms and update existing forms through
eRegistry; individuals who are not licensed attorneys or accredited representatives with
full accreditation do not have this option.

4. Efforts to Identify Duplication - The only method for an individual to enter his or her
appearance on behalf of an alien in proceedings before the Immigration Court is to
complete and file the Form EOIR-28. A review of EOIR-28 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 Immigration Courts. However, this
collection does not impose undue burden on the small businesses or other entities. The
form requires 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 attorneys
in good standing or otherwise qualified individuals are permitted to enter appearances and

4

represent aliens in proceedings before EOIR.

6. Consequences of Less Frequent Collection - Failure to collect this information would
preclude individuals from entering appearances on behalf of parties in proceedings before
the Immigration Court.

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 - The 60-day and 30-day notices
covering this collection will be published in the Federal Register to solicit comments
from the public. If comments are received, they will be considered and incorporated, as
appropriate.

9. Payment or Gifts 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 Immigration Court retains the original form and
places it in the record of proceedings, along with all other documents filed in the alien=s
proceeding. EOIR staff members and Immigration Judges who process, review, and
adjudicate the case may access the Form EOIR-28. To the extent law permits, EOIR
protects the confidentiality of the contents of the Form EOIR-28. EOIR would release

5

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-28 includes a
sensitive question by asking whether an 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 law), such question is
necessary for EOIR to determine whether the individual is duly authorized to represent
aliens before the Immigration Courts. The information is used only to the extent
necessary in order to make that determination. To the extent that the Form EOIR-28
includes a sensitive question by asking whether the representation is being 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 EOIR 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

454,449

b. Number of Responses per Respondent

1

c. Total Annual responses

454,449

d. Hours per response

6 minutes or 0.1 hour

e. Total annual hourly reporting burden

45,445

6

454,449 attorneys or representatives x 1 response per respondent x 0.1 hour per response
= 45,445 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 estimated public
cost is a maximum of $3,100,258. This amount is reached by multiplying the burden
hours (45,445) by $68.22, which represents the current median hourly wage for attorneys,
as set by the Bureau of Labor Statistics. $3,100,258 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 $3,100,258.

14. Estimated Cost to the Federal Government - The estimated annual cost for printing,
distributing, stocking, processing, and maintaining the Form EOIR-28 is $626,996.

7

15. Reasons for Change in Burden - The difference in burden is due to an agency
adjustment, specifically an increase in the number of respondents. Previously, EOIR
estimated 179,856 respondents annually. At present, there are approximately 454,449
respondents annually. As the number of hours per response remained the same (6
minutes), the total burden hours increased from 17,985 to 45,445 burden hours, for a
difference of 27,460 burden hours. Because of the higher number of respondents, the cost
burden similarly increased to reflect the adjustment for the number of applicants.

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.

8

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
DN: c=US, o=U.S. Government, ou=Dept of
Justice, ou=EOIR, cn=CHRISTINA BAPTISTA,
0.9.2342.19200300.100.1.1=15001001850773
Date: 2018.12.21 11:28:39 -05'00'

12/21/2018
__________________
Date

Christina Baptista
Senior Counsel for Immigration
Executive Office for Immigration Review

9