2015 EOIR-40 SUPPORTING STATEMENT_Updated

SUPPORTING STATEMENT
OMB No. 1125-0009
Application for Suspension of Deportation
Form EOIR-40
______________________________________________________________________________
Part A. Justification
1. Necessity of Information Collection - Certain individuals who are deportable from the
United States may be eligible to request that the Attorney General suspend their
deportation and adjust their status under former section 244 of the Immigration and
Nationality Act (INA). See also 8 C.F.R. § 1240.55 (2011). To be granted such relief
from deportation, the applicant must prove that s/he meets all the statutory prerequisites
for such relief and that s/he is entitled to a favorable exercise of discretion. Each
applicant for suspension of deportation will file one application (Form EOIR-40) based
on the individual facts and circumstances in his/her case. The form contains information,
such as identifying characteristics, residence, employment history and family
information, which is necessary for the Attorney General to decide whether to permit the
applicant to remain in the United States. The authority to adjudicate the application for
suspension of deportation has been delegated to immigration judges by the Attorney
General. EOIR seeks a three year extension, without change, of this currently approved
information collection.

2. Needs and Uses - The application for suspension of deportation (Form EOIR-40) is
filed and considered in the context of an immigration proceeding. Accordingly,
information contained in the application is considered only to the extent necessary to
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process the application. The application is accepted into the official record of the
immigration proceeding and is considered by an immigration judge, or the Board of
Immigration Appeals if on appeal, in determining the applicant’s request for suspension
of deportation. The authority to adjudicate the application for suspension of deportation
has been delegated to EOIR by the Attorney General.

3. Use of Technology - The use of this form provides the most efficient means for
collecting and processing the required data. The Form EOIR-40 is available on EOIR’s
website for printing. Information can be typed into the online form which is then printed
out for submission to the agency, or the individual has the option of printing the form in
its entirety for completion by typing or printing legibly.

Currently, EOIR does not have the capability to accept electronic submission of Form
EOIR-40. However, EOIR has 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. eRegistry allows attorneys and accredited
representatives with full accreditation to create and maintain a personal profile in order to
electronically submit forms and update existing forms. Electronic submission of the
Form EOIR-40 through eRegistry are part of EOIR’s long-term electronic filing
initiative.

4. Efforts to Identify Duplication - The only method for applying for suspension of
deportation for an alien in immigration proceedings is to file the Form EOIR-40. A
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review of EOIR’s forms revealed no duplication of effort, and there is no similar
information currently being collected 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 this information would
deprive the individual from establishing his or her eligibility for suspension of
deportation.

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 was published in the Federal Register on July 2, 2015. See 80 FR 127, at
38233. A 30-day notice covering this collection was published in the Federal Register on
September 4, 2015. 80 FR 172, at 53569. Copies of these notices are attached. No
public comments were received.

9. Payment or Gift to Claimants - EOIR does not provide any payment or gifts to
individuals in exchange for the information provided in Form EOIR-40.

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10. Assurance of Confidentiality - The original application is maintained by EOIR in the
official court record of proceeding (ROP) and is accessed by those staff members
processing the ROP. The confidentiality of the contents of the Form EOIR-40 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 - Any question that inquires into matters
commonly considered as private is necessary for the immigration judge to consider an
applicant’s statutory and discretionary eligibility for suspension of deportation and to
determine his/her legal right to remain in the United States. See number 2, above.

12. Estimate of Hour Burden
a. Number of Respondents

160

b. Number of Responses per Respondent

1 each

c. Total Annual responses

160

d. Hours per response

5 hours, 45 minutes

e. Total annual hourly reporting burden

920

The total annual reporting burden is derived by multiplying the number of respondents
(178) by the frequency of response (1) by the number of hours per response (5 hours, 45
minutes or 5.75): 160 respondents x 1 response per respondent x 5 hours, 45 minutes per
respondent = 920 burden hours. The reporting burden for this collection of information is
computed as follows: 1) learning about the form, 45 minutes, 2) completing the form, 2
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hours, and 3) assembling and filing the form, 3 hours, for an average of 5 hours, 45
minutes per application.

13. Estimate of Cost Burden - There are no capital or start-up costs associated with this
information collection. The estimated total public cost is $66,844. This estimate is
derived by multiplying the burden hours of 920 by the estimated practitioner cost of
$55.27/hour, plus a filing fee of $100 per respondent.
920 burden hours x $55.27/hr. (estimated practitioner cost) = $50,848
$100 filing fee x 160 respondents = $16,000
$50,848 + $16,000 = $66,844

These costs are estimates with respect to the burden on the public and may vary greatly
depending on whether a respondent uses a practitioner for assistance in completing the
form, the level of detail a respondent includes in the form and whether the respondent
seeks a waiver of the filing fee. The amount of $66,844 represents the maximum
estimate of cost burden. EOIR recognizes that a certain portion of the respondents will
not retain a practitioner to assist them in filling out the form; accordingly, not every
respondent will incur the practitioner’s fees. The practitioner fee represents the median
hourly wage for lawyers, as reported by the Bureau of Labor Statistics. 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 $66,844. Additionally,
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respondents may seek to have the $100 filing fee waived by requesting a waiver from an
Immigration Judge or submitting Form E-26A.

14. Estimated Cost to Federal Government - It is estimated that the annual cost for
printing, distributing, stocking, processing, and maintaining the Form EOIR-40 is $667.
This estimate was derived by adding the cost to process the total annual responses to the
overhead costs to the agency. The annual cost to process the forms was derived by
dividing the hourly wage to process the form ($23.89) by the number of forms processed
in one hour (7.5) multiplied by the total estimated annual responses (160) = $509. The
overhead cost to the agency is estimated to be 31% of the annual cost to process the
forms ($158) = $667.

15. Reason for Change in Burden -The difference in hour burden in the present ICR is
due to an agency adjustment, specifically a decrease in the number of respondents.
Previously, EOIR estimated 178 respondents annually. At present, there are
approximately 160 respondents annually. As the number of hours per response remained
the same (5 hours, 45 minutes), the total burden hours decreased from 1,023.50 to 920
burden hours, for a difference of 103.5 burden hours. Because of the lower number of
respondents, the cost burden to respondents similarly decreased 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.
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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
This collection does not employ statistical methods.

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