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;

—Enhance 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.

Written comments and recommendations for this information collection should be submitted within 30 days of the publication of this notice on the following website www.reginfo.gov/​public/​do/​ PRAMain. Find this particular information collection by selecting “Currently under 30-day Review—Open for Public Comments” or by using the search function and entering either the title of the information collection or the OMB Control Number 1125-0001. This ICR may be viewed at www.reginfo.gov. Follow the instructions to view Department of Justice information collections currently under review by OMB. If you send a comment, please send a copy to Justine Fuga at Justine.Fuga@usdoj.gov or eoir.pra.comments@usdoj.gov.

DOJ seeks PRA authorization for this information collection for three (3) years. OMB authorization for an ICR cannot be for more than three (3) years without renewal. The DOJ notes that information collection requirements submitted to the OMB for existing ICRs receive a month-to-month extension while they undergo review.

Overview of This Information Collection

1. Type of Information Collection: Revision of a previously approved collection.

2. 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. Agency form number, if any, and the applicable component of the Department of Justice sponsoring the collection: The agency form number is 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 a brief abstract:

Affected Public: Individuals in removal proceedings before EOIR determined to be removable from the United States.

Abstract: An individual who is removable from the United States may, pursuant to section 240A of the Immigration and Nationality Act (“INA” or “Act”) (8 U.S.C. 1229b(a)), 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 of discretion. There are two forms available to apply for cancellation of removal: Form EOIR-42A, Application for Cancellation of Removal for Certain Permanent Residents; and Form EOIR-42B, Application for Cancellation of Removal and 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 by the adjudicating immigration judge.

EOIR is making some substantive changes to the forms to remove unnecessary collections of information. For both forms, Question 21 will be generalized to account for various visa types that may have been used by the applicant to enter the United States. Within Part 7 on both forms, EOIR is removing form fields collecting information about the applicant that is irrelevant to the immigration judge's exercise of discretion for each respective type of immigration relief. Additionally, EOIR is modifying Part 9 for both forms to collect the applicant's signature and affirmation at the time the form is filed.

EOIR is also making several non-substantive changes to the forms to: update electronic filing fee information; format text to improve organization, clarity, and readability; and revise the Advice to Applicants, Instructions, and corresponding form questions to mirror as closely as possible the text of the INA to accurately reiterate legal standards set forth by the Act.

5. Obligation to Respond: Required to obtain/retain the benefit of cancellation of removal.

6. Total Estimated Number of Respondents: It is estimated that 1,457 respondents will complete the form annually for Cancellation of Removal for Certain Permanent Residents (EOIR-42A) and that 13,787 respondents will complete the form annually for Cancellation of Removal and Adjustment of status for Certain Nonpermanent Residents (EOIR-42B).

7. Estimated Time per Respondent: The estimated time per respondent for each form is 5 hours and 50 minutes.

8. Frequency: Once a year.

9. Total Estimated Annual Time Burden: 8,492 hours for the EOIR-42A and 80,380 hours for the EOIR-42B.

10. Total Estimated Annual Other Costs Burden: The following represents the maximum total public cost burden estimated for each form. ( printed page 67336)

Printing and postage costs associated with filing these forms may be avoided because all forms may be submitted electronically. The cost for practitioner assistance is based on the average hourly wage for an attorney as estimated by the Bureau of Labor Statistics. The estimated total public cost for each form is derived by adding the filing fee with the estimated costs for hiring a practitioner to assist with completing the form, printing the form, and mailing the form, and then multiplying by the total number of annual responses.

If additional information is required, contact: Darwin Arceo, Department Clearance Officer, Enterprise Portfolio Management, Justice Management Division, United States Department of Justice, Two Constitution Square, 145 N Street NE, 4W-218, Washington, DC 20530.

91 FR 67334