60 day FR notice

DEPARTMENT OF JUSTICE
Executive Office for Immigration Review (EOIR)
OMB Number 1125-0009
Agency Information Collection Activities; Proposed Collection; Comments Requested;
Reinstatement, without change, of a currently approved collection
AGENCY: Executive Office for Immigration Review, Department of Justice
ACTION: Notice.
SUMMARY: The Department of Justice, Executive Office for Immigration Review, is submitting the
following information collection request to the Office of Management and Budget (OMB) for review
and approval in accordance with the Paperwork Reduction Act of 1995.
DATES: The Department of Justice encourages public comment and will accept input until [INSERT
DATE 60 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER]
FOR FURTHER INFORMATION CONTACT: If you have additional comments especially on the
estimated public burden or associated response time, suggestions, or need a copy of the proposed
information collection instrument with instructions or additional information, please contact Lauren
Alder Reid, Chief, Immigration Law Division, Office of Policy, Executive Office for Immigration
Review, 5107 Leesburg Pike, Suite 2500, Falls Church, VA 22041, telephone: (703) 305-0289.
SUPPLEMENTARY INFORMATION: Written comments and suggestions from the public and affected
agencies concerning the proposed collection of information are encouraged. Your comments should
address one or more of the following four points:
- Evaluate whether the proposed collection of information is necessary for the proper performance
of the functions of the Executive Office for Immigration Review, including whether the information
will have practical utility;
- Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions used;
- Evaluate whether and if so how the quality, utility, and clarity of the information to be collected
can be enhanced; and
- Minimize the burden of the collection of information on those who are to respond, including
through the use of appropriate automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g., permitting electronic submission of
responses.

OVERVIEW OF THIS INFORMATION COLLECTION:
1. Type of Information Collection: Reinstatement, without change, of a currently approved
collection.
2. The Title of the Form/Collection: Application for Suspension of Deportation.
3. The agency form number, if any, and the applicable component of the Department sponsoring
the collection: Form EOIR-40. The applicable component within the Department of Justice is the
Executive Office for Immigration Review.
4. Affected public who will be asked or required to respond, as well as a brief abstract: Primary:
Individual aliens determined to be deportable from the United States. Other: None. Abstract: This
information collection is necessary to determine the statutory eligibility of individual aliens, who
have been determined to be deportable from the United States, for suspension of their deportation
pursuant to former section 244 of the Immigration and Nationality Act and 8 CFR § 1240.55 (2011),
as well as provide information relevant to a favorable exercise of discretion.
5. An estimate of the total number of respondents and the amount of time estimated for an
average respondent to respond: It is estimated that 133 respondents will complete the form
annually; each response will be completed in approximately 5 hours and 45 minutes.
6. An estimate of the total public burden (in hours) associated with the collection: 765 hours.
If additional information is required contact: Melody Braswell, Department Clearance Officer,
United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two
Constitution Square, 145 N Street NE, 3E.405A, Washington, DC 20530.
Dated: [To be completed by Department Clearance Officer]
Melody Braswell,
Department Clearance Officer for PRA,
U.S. Department of Justice.
Billing Code: 4410-30