Certification and Release of Records (Form EOIR-59)

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form EOIR-59 Certification and Release of Records	Form and Instruction	Modified	Available
EOIR-59_SupportingStatement_FINAL-signed.pdf	Supporting Statement A	Uploaded 2026-09-15	Available
EOIR-59_SupportingStatement_FINAL.docx	Supplementary Document	Uploaded 2026-09-15	Available
EOIR-59_PRA-30-day-FRnotice_91FR57930_09.11.26.pdf	Supplementary Document	Uploaded 2026-09-15	Available
EOIR-59_PRA-60-day-FRnotice_91FR40032_07.01.2026.pdf	Supplementary Document	Uploaded 2026-09-15	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
244631	Certification and Release of Records	Form and Instruction	Modified	Certification and Release of Records

ICR Details

OMB Control No: 1125-0017	ICR Reference No: 202606-1125-002
Status: Received in OIRA	Previous ICR Reference No: 202308-1125-001
Agency/Subagency: DOJ/EOIR	Agency Tracking No: EOIR-59
Title: Certification and Release of Records (Form EOIR-59)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 09/15/2026

table that charts list comparision

	Requested	Previously Approved
Expiration Date	36 Months From Approved	02/28/2027
Responses	87,080	55,475
Time Burden (Hours)	14,513	9,246
Cost Burden (Dollars)	1,341,032	0

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Abstract: This information collection is necessary to prevent unauthorized disclosure of records of individuals maintained by the Department of Justice, and allows parties who are, or were, in proceedings before EOIR to optionally and voluntarily disclose or release their records to an attorney, accredited representative, qualified organization, or other third party.

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Authorizing Statute(s): US Code: 5 USC 552a Name of Law: The Privacy Act of 1974
   US Code: 5 USC 552 Name of Law: Freedom of Information 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:
	91 FR 40032	07/01/2026
30-day Notice:	Federal Register Citation:	Citation Date:
	91 FR 57930	09/11/2026
Did the Agency receive public comments on this ICR? No

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

table that charts list of burden

IC Title	Form No.	Form Name
Certification and Release of Records	EOIR-59	Certification and Release of Records

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ICR Summary of Burden

table that charts list 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	87,080	55,475	0	31,605	0	0
Annual Time Burden (Hours)	14,513	9,246	0	5,267	0	0
Annual Cost Burden (Dollars)	1,341,032	0	0	1,341,032	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: There was an observed increase in the average annual number of forms received by the agency which contributed to an increase in the annual hourly reporting burden, public costs, and government costs. EOIR previously excluded printing and postage estimates, whereas EOIR is now including printing and postage costs to estimate the maximum public cost; therefore, there is an observed increase in the maximum estimated public cost. The estimated public cost also increased due to a general increase in the average annual hourly wage for attorneys as estimated by the Bureau of Labor Statistics, which raised the estimated labor cost were a practitioner to assist with completing the form. EOIR excluded printing cost from the total estimated costs to the government as EOIR now maintains all forms in electronic format. Although government printing costs were excluded, the total estimated costs to the government increased due to increases in the average annual number of forms received by the agency for processing and an increase in the average hourly wage for the employee position processing the forms.

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Annual Cost to Federal Government: $1,002,599

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: 09/15/2026

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