Notice of Motion to Reconsider / Reopen a Decision by the Board of Immigration Appeals from an Initial Decision of a DHS Officer

Forms and Documents

Document Name	Status
Form EOIR-29A Notice of Motion to Reconsider / Reopen a Decision by the Board of Immigration Appeals from an Initial Decision of a DHS Officer Form and Instruction	New
FINAL - Form EOIR-29A Supporting Statement - 11-7-2024.pdf Supporting Statement A	2024-11-07
Published 30-day notice (89 FR 80934).pdf Supplementary Document	2024-11-05
Published 60-day notice (89 FR 59773).pdf Supplementary Document	2024-11-05

IC Document Collections

IC ID	Document Title	Status
272167	Notice of Motion to Reconsider / Reopen a Decision by the Board of Immigration Appeals from an Initial Decision of a DHS Officer Form and Instruction	New

ICR Details

OMB Control No:	ICR Reference No: 202411-1125-001
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: DOJ/EOIR	Agency Tracking No:
Title: Notice of Motion to Reconsider / Reopen a Decision by the Board of Immigration Appeals from an Initial Decision of a DHS Officer
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 11/14/2024

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	764	0
Time Burden (Hours)	382	0
Cost Burden (Dollars)	18,950	0

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Abstract: A party may file a motion to reopen and/or reconsider a decision by the Board of Immigration Appeals (BIA or Board) in a case which was initially adjudicated by a Department of Homeland Security (DHS) Officer. See 8 CFR 1003.2(b), 1003.2(c)(1). The party must complete this new form and submit it to the DHS office having administrative control over the record of proceeding in order to file a motion to reopen and/or reconsider these Board decisions. EOIR developed the new Form EOIR–29A to elicit, in a uniform manner, all of the required information for the BIA to process a motion to reopen and/or reconsider upon receipt from DHS.

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Authorizing Statute(s): US Code: 8 USC 1103(g)(2) Name of Law: Immigration and Nationality Act
  

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:
	89 FR 59773	07/23/2024
30-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 80934	10/04/2024
Did the Agency receive public comments on this ICR? No

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

IC Title	Form No.	Form Name
Notice of Motion to Reconsider / Reopen a Decision by the Board of Immigration Appeals from an Initial Decision of a DHS Officer	EOIR-29A	Notice of Motion to Reconsider / Reopen a Decision by the Board of Immigration Appeals from an Initial Decision of a DHS Officer

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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	764	0	0	764	0	0
Annual Time Burden (Hours)	382	0	0	382	0	0
Annual Cost Burden (Dollars)	18,950	0	0	18,950	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

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

Burden Reduction Due to:

Short Statement: The Form EOIR-29A is a newly created form to elicit, in a uniform manner, all of the required information for the BIA to process a motion to reopen and/or reconsider upon receipt from DHS.

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Annual Cost to Federal Government: $18,950

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? 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: 11/14/2024

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