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 ( printed page 53898) 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) (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.

Overview of This Information Collection

1. Type of Information Collection: Revision and extension 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 section 240A(a) of the INA (8 U.S.C. 1229b(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 1,457 respondents will complete the Form EOIR-42A annually with an average of 5 hours and 50 minutes per response. It is estimated that 13,787 respondents will complete the Form EOIR-42B annually 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 combined total annual burden hours for this collection is 88,873 hours.

7. An estimate of the total annual cost burden associated with the collection, if applicable: The following represents the maximum total public cost burden for each form.

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 ( printed page 53899) 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, United States Department of Justic, Justice Management Division, Enterprise Portfolio Management, Two Constitution Square, 145 N Street NE, 4W-218, Washington, DC.