Application for Stay of Deportation or Removal

Forms and Documents

Document Name	Status
Form I-246 Application for Stay of Deportation or Removal Form and Instruction	Modified
1653-0021 FY23 Supporting Statement.docx Supporting Statement A	2023-08-24
2023-18004.pdf Supplementary Document	2023-08-22
2023-12349.pdf Supplementary Document	2023-08-17
PIA, ICE-EID, 20100118, [signed].pdf Supplementary Document	2020-06-18
SORN - 78 FR 69864.pdf Supplementary Document	2017-07-03
8 CFR 241.6.pdf Supplementary Document	2017-07-03
8 USC 1231.pdf Supplementary Document	2017-07-03
USCODE-2011-title8-chap12-subchapII-partIV-sec1229a.pdf Supplementary Document	2017-04-28
CFR-2012-title8-vol1-sec241-6.pdf Supplementary Document	2017-04-28

IC Document Collections

IC ID	Document Title	Status
21002	Application for Stay of Deportation or Removal Form and Instruction	Modified

ICR Details

OMB Control No: 1653-0021	ICR Reference No: 202308-1653-001
Status: Received in OIRA	Previous ICR Reference No: 202001-1653-003
Agency/Subagency: DHS/USICE	Agency Tracking No: I-246
Title: Application for Stay of Deportation or Removal
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 08/24/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved	10/31/2023
Responses	3,664	4,650
Time Burden (Hours)	1,832	2,325
Cost Burden (Dollars)	659,520	837,000

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Abstract: U.S. Immigration and Customs Enforcement uses this information collection to determine the eligibility of an applicant who files for a stay of deportation or removal.

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Authorizing Statute(s): US Code: 8 USC 1229(a)(4) Name of Law: Removal Proceedings
   US Code: 8 USC 1231 Name of Law: Detention and removal of aliens ordered removed
   US Code: 8 USC 241.6 Name of Law: Administrative stay of removal
  

Citations for New Statutory Requirements: None

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

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 37897	06/09/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 57127	08/22/2023
Did the Agency receive public comments on this ICR? Yes

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

IC Title	Form No.	Form Name
Application for Stay of Deportation or Removal	I-246	APPLICATION FOR A STAY OF DEPORTATION OR REMOVAL

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ICR Summary of Burden

	Total Request	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	3,664	4,650	0	0	-986	0
Annual Time Burden (Hours)	1,832	2,325	0	0	-493	0
Annual Cost Burden (Dollars)	659,520	837,000	0	0	-177,480	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: There has been adjustment (decrease) to the burden associated with this collection. There is no change to the information being collected in this collection.

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Annual Cost to Federal Government: $3,006,774

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.     No

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? No

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Common Form ICR:  No

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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: 08/24/2023

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