[Federal Register Volume 90, Number 105 (Tuesday, June 3, 2025)]
[Notices]
[Pages 23568-23569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-10059]


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DEPARTMENT OF JUSTICE

[OMB Number 1125-0021]


Agency Information Collection Activities; Proposed Collection 
eComments Requested; Extension/Revision of a Previously Approved 
Collection; Notice of Entry of Limited Appearance for Document 
Assistance Before the Board of Immigration Appeals (Form EOIR-60); and 
Notice of Entry of Limited Appearance for Document Assistance Before 
the Immigration Court (Form EOIR-61)

AGENCY: Executive Office for Immigration Review, Department of Justice.

ACTION: 60-Day notice.

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SUMMARY: The Executive Office for Immigration Review (EOIR), Department 
of Justice (DOJ), will be 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: Comments are encouraged and will be accepted for 60 days until 
August 4, 2025.

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: 
Justine Fuga, Associate General Counsel, Office of the General Counsel, 
Executive Office for Immigration Review, by mail at 5107 Leesburg Pike, 
Suite 2600, Falls Church, VA 22041; by telephone at (703) 305-0265 or 
by email at [email protected] or [email protected].

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 EOIR, 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 the quality, utility, and clarity of the information to be 
collected; and/or
--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.

    Abstract: This information collection reauthorization and revision 
is necessary to allow an attorney or representative to notify the Board 
of Immigration Appeals (Board) or the Immigration Court that he or she 
is entering a limited appearance to assist a pro se respondent with a 
legal filing or other document to be filed with EOIR. Pursuant to the 
Final Rule, Professional Conduct for Practitioners--Rules and 
Procedures, and Representation and Appearances, 87 FR 56247 (Sept. 14, 
2022) (effective Nov. 14, 2022), amending the regulations at 8 CFR 
1003.2(g)(1), 1003.17(b) and (c), and 1003.38(g)(2), the agency 
received OMB approval to issue separate stand-alone forms for the entry 
of a limited appearance for document assistance before each 
adjudicatory component as the most appropriate method for the 
collection of this information. The separate forms EOIR-60 and EOIR-61 
are intended to provide greater clarity to the practitioners using the 
forms, the pro se respondents who are only engaging with the 
practitioners in a limited capacity, and for the EOIR staff processing 
the forms. EOIR is revising the forms to account for expanded 
electronic filing options with the launch of the online EOIR Courts and 
Appeals System (ECAS) Respondent Access Portal (RAP) in July 2024. EOIR 
made revisions to Forms EOIR-60 and EOIR-61 to include updates to 
remove the mail only filing restrictions and inform the users that they 
may review the EOIR Policy Manual for filing guidance. The Proof of 
Service section has been revised to include an option for individuals 
to indicate that they are serving the opposing party electronically 
through ECAS. The Privacy Act notice is also revised to correct the 
citation to the system of records notice (SORN) for the Attorney 
Discipline System, JUSTICE/EOIR-003, published at 85 FR 32423 (May 29, 
2020), and to inform respondents that limited case information is also 
available online in English or Spanish through the EOIR Automated Case 
Information System at https://acis.eoir.justice.gov/en/. Finally, a 
sentence was added to the second page of the Form EOIR-60 to clarify 
and emphasize that limited appearances for document assistance are not 
available in Department of Homeland (DHS) proceedings that the Board 
has jurisdiction over.

Overview of This Information Collection

    1. Type of Information Collection: Extension and Revision of a 
previously approved collection.
    2. The Title of the Form/Collection: Notice of Entry of Limited 
Appearance for Document Assistance Before the Board of Immigration 
Appeals; and Notice of Entry of Limited Appearance for Document 
Assistance Before the Immigration Court.
    3. The agency form number, if any, and the applicable component of 
the Department sponsoring the collection: Forms EOIR-60 and EOIR-61; 
and the sponsoring DOJ component is EOIR.
    4. Affected public who will be asked or required to respond, as 
well as the obligation to respond: The Affected Public includes 
Individuals, Attorneys and Representatives entering a limited 
appearance to assist a pro se respondent with a legal filing or other 
document to be filed with EOIR. This information collection is 
mandatory and required to enter an appearance before EOIR as authorized 
by 8 U.S.C. 1229(a), 1362 and 8 CFR 1003.38. Failure to provide the 
requested information will result in an inability to enter a limited 
appearance for document assistance.
    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 40 respondents will complete Form EOIR-60 filed with the Board. It 
is estimated that 22,018 respondents will complete Form EOIR-61 filed 
with the Immigration Courts. It is estimated that each form takes 
approximately six minutes (0.10 hours) to complete.

[[Page 23569]]

    6. An estimate of the total annual burden (in hours) associated 
with the collection: The total annual burden hours for Forms EOIR-60 
and EOIR-61 is 2,206 hours.

                                               Total Burden Hours
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                                                                                     Time per      Total annual
            Activity                 Number of       Frequency     Total  annual     response         burden
                                    respondents     (annually)       responses        (mins)          (hours)
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EOIR-60.........................              40               1              40               6               4
EOIR-61.........................          22,018               1          22,018               6           2,202
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    Totals......................          22,058               1          22,058               6           2,206
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    7. An estimate of the total annual cost burden associated with the 
collection, if applicable: There are no capital or start-up costs 
associated with these forms. There are no fees to file the forms. The 
forms may be filed electronically to eliminate printing and postage 
costs. Attorneys or other authorized representatives are expected to 
complete the forms. The United States Bureau of Labor Statistics 
estimates the median hourly fee for attorneys at $72.67. Therefore, the 
cost for an attorney or other authorized representative to complete the 
form in 6 minutes is estimated at $7.27 per submission ($72.67 per hour 
x 0.10 hours x 1 response = $7.27 per response). The total annual 
estimated cost burden to individuals is $160,310.02 (2,206 total 
estimated burden hours x $72.67 per hour).
    If additional information is required contact: Darwin Arceo, 
Department Clearance Officer, United States Department of Justice, 
Justice Management Division, Policy and Planning Staff, Two 
Constitution Square, 145 N Street NE, 4W-218, Washington, DC.

    Dated: May 29, 2025.
Darwin Arceo,
Department Clearance Officer for PRA, U.S. Department of Justice.
[FR Doc. 2025-10059 Filed 6-2-25; 8:45 am]
BILLING CODE 4410-30-P