Notice of Appeal from a Decision of an Immigration Judge

Forms and Documents

Document	Type	Status	Availability
Form EOIR-26 Notice of Appeal from a Decision of an Immigration Judge	Form and Instruction	Unchanged	Available
Supporting Statement EOIR26 (OMB1125-0002) 2019.pdf	Supporting Statement A	Uploaded 2019-09-13	Available
Legal Authority for the Collection.pdf	Supplementary Document	Uploaded 2019-09-13	Available
Form EOIR-26 Revised 2019 for ROCIS.pdf	Supplementary Document	Uploaded 2019-09-13	Available
Form 83i EOIR-26 2019.pdf	Supplementary Document	Uploaded 2019-09-13	Repair queued
EOIR-26 2019 30 day FR Notice.pdf	Supplementary Document	Uploaded 2019-09-13	Repair queued
60-Day FR Notice 5.1.2019.pdf	Supplementary Document	Uploaded 2019-09-13	Available
30-Day FR Notice 7.23.2019.pdf	Supplementary Document	Uploaded 2019-09-13	Available
EOIR-26 2019 60 day FR Notice.pdf	Supplementary Document	Uploaded 2019-04-25	Available

IC Document Collections

IC ID	Collection	Type	Status	Form
12671	Notice of Appeal from a Decision of an Immigration Judge	Form and Instruction	Unchanged

ICR Details

OMB Control No: 1125-0002	ICR Reference No: 201904-1125-003
Status: Historical Active	Previous ICR Reference No: 201603-1125-008
Agency/Subagency: DOJ/EOIR	Agency Tracking No: EOIR-26
Title: Notice of Appeal from a Decision of an Immigration Judge
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 12/09/2019
	Date Received in OIRA: 09/13/2019
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2022	36 Months From Approved	12/31/2019
Responses	17,627	0	17,627
Time Burden (Hours)	8,814	0	8,814
Cost Burden (Dollars)	0	0	0

---

Abstract: A party affected by a decision of an Immigration Judge may appeal to the Board of Immigration Appeals (BIA) using form EOIR-26, provided the BIA has jurisdiction pursuant to 8 CFR 1003.1(b).

---

Authorizing Statute(s): US Code: 8 USC 1003.38 Name of Law: IMMIGRATION AND NATIONALITY
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 18586	05/01/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 35422	07/23/2019
Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Notice of Appeal from a Decision of an Immigration Judge	EOIR-26	Notice of Appeal from a Decision of an Immigration Judge

---

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	17,627	17,627	0	0	0	0
Annual Time Burden (Hours)	8,814	8,814	0	0	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement:

---

Annual Cost to Federal Government:

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     Yes

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

---

Common Form ICR:  No

---

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 09/13/2019

---