[Federal Register Volume 90, Number 148 (Tuesday, August 5, 2025)]
[Notices]
[Pages 37564-37565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-14807]


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DEPARTMENT OF JUSTICE

[OMB Number 1125-0001]


Agency Information Collection Activities; Proposed Collection 
eComments Requested; Extension and Revision of a Previously Approved 
Collection; Application for Cancellation of Removal (Form EOIR-42A) for 
Certain Permanent Residents; and Application for Cancellation of 
Removal and Adjustment of Status (Form EOIR-42B) for Certain 
Nonpermanent Residents

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 
October 6, 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, 5107 Leesburg Pike, Suite 
2600, Falls Church, VA 22041, telephone: (703) 305-0265, 
[email protected], [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 the agency, 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 whether and if so how the quality, utility, and clarity of 
the information to be collected can be enhanced; and
--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: An individual who is removable from the United States 
may, pursuant to section 240A of the Immigration and Nationality Act 
(Act), request that the Attorney General cancel their removal. To be 
granted such relief from removal, the applicant must prove that they 
meet all of the statutory prerequisites for such relief and that they 
are entitled to a favorable exercise

[[Page 37565]]

of discretion. There are two application forms available for 
cancellation of removal: Form EOIR-42A, for Certain Permanent 
Residents; and Form EOIR-42B, Adjustment of Status for Certain 
Nonpermanent Residents. This information collection is necessary to 
determine the statutory eligibility of individuals in removal 
proceedings who have been determined to be removable from the United 
States for cancellation of their removal, as well as to provide 
information relevant to a favorable exercise of discretion. EOIR is 
revising these forms to update references to filing fee information, to 
include a Privacy Act Notice for each form, to include the expiration 
date for OMB approval on each form, and to implement minor text 
formatting changes to improve organization, clarity, and readability.

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: Application for Cancellation 
of Removal for Certain Permanent Residents; and Application for 
Cancellation of Removal and Adjustment of Status for Certain 
Nonpermanent Residents.
    3. The agency form number, if any, and the applicable component of 
the Department sponsoring the collection: The form numbers are EOIR-42A 
and EOIR-42B; 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: Affected Public: Individuals in 
removal proceedings before EOIR determined to be removable from the 
United States. This information collection is necessary to determine 
the statutory eligibility of individuals in removal proceedings who 
have been determined to be removable from the United States for 
cancellation of their removal, as well as to provide information 
relevant to a favorable exercise of discretion pursuant to 8 U.S.C. 
1229b(a); INA Sec.  240A(a).
    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 1,519 respondents will complete the form annually for Cancellation 
of Removal for Certain Permanent Residents with an average of 5 hours 
and 50 minutes per response. It is estimated that 15,757 respondents 
will complete the form annually for Cancellation of Removal and 
Adjustment of Status for Certain Nonpermanent Residents with an average 
of 5 hours and 50 minutes per response.
    6. An estimate of the total annual burden (in hours) associated 
with the collection: The total annual burden hours for this collection 
is 8,856 hours for Cancellation of Removal for Certain Permanent 
Residents and 91,865 hours for Cancellation of Removal and Adjustment 
of Status for Certain Nonpermanent Residents.

                                               Total Burden Hours
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                                                                                       Time per
               Activity                  Number of      Frequency      Total annual    response    Total annual
                                        respondents                      responses      (hours)   burden (hours)
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EOIR-42A.............................         1,519       1/annually           1,519        5.83           8,856
EOIR-42B.............................        15,757       1/annually          15,757        5.83          91,865
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    7. An estimate of the total annual cost burden associated with the 
collection, if applicable:

                                                Total Public Cost
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                                                                                   Total annual    Total annual
               Activity                     Practitioner cost       Filing fee       responses      public cost
----------------------------------------------------------------------------------------------------------------
EOIR-42A..............................  $70.08/hr x 5.83 hours          $700 per           1,519      $1,683,912
                                         per response = $408 per        response
                                         response.
EOIR-42B..............................  $70.08/hr x 5.83 hours        $1,600 per          15,757      31,640,056
                                         per response = $408 per        response
                                         response.
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    Printing and postage costs associated with filing these forms may 
be avoided because all forms may be submitted electronically. The 
estimated total public cost for each form is derived by adding the 
estimated cost to hire a practitioner to assist with preparing the form 
with the filing fee per form and then multiplying by the total number 
of annual responses. The estimated practitioner cost is based on the 
average hourly wage for an attorney as estimated by the Bureau of Labor 
Statistics.
    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: August 1, 2025.
Darwin Arceo,
Department Clearance Officer for PRA, U.S. Department of Justice.
[FR Doc. 2025-14807 Filed 8-4-25; 8:45 am]
BILLING CODE 4410-30-P