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[Federal Register Volume 89, Number 224 (Wednesday, November 20, 2024)]
[Notices]
[Pages 91786-91787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27075]

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DEPARTMENT OF JUSTICE

[OMB Number 1125-0009]

Agency Information Collection Activities; Proposed eCollection 
eComments Requested; Extension of a Previously Approved Collection; 
Application for Suspension of Deportation (EOIR-40)

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

ACTION: 60-Day notice.

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SUMMARY: The Department of Justice (DOJ), Executive Office for 
Immigration Review (EOIR), 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 
January 21, 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

[[Page 91787]]

Laeticia Mukala-Nirere, Attorney Advisor, Office of the General 
Counsel, Executive Office for Immigration Review, 5107 Leesburg Pike, 
Suite 2600, Falls Church, VA 22041, telephone: (703) 305-0470, 
[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 the Bureau of Justice 
Statistics, 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: Certain individuals who are deportable from the United 
States may be eligible to request that the Attorney General suspend 
their deportation and adjust their status under former section 244 of 
the Immigration and Nationality Act (INA). See also 8 CFR 1240.55 
(2024). An applicant seeking suspension of deportation may file Form 
EOIR-40 based on the individual facts and circumstances in his/her 
case. To be granted such relief from deportation, the applicant must 
prove that s/he meets all the statutory prerequisites for such relief 
and that s/he is entitled to a favorable exercise of discretion. The 
form contains information, such as identifying characteristics, 
residence, employment history and family information, which is 
necessary for the Attorney General to determine the statutory 
eligibility of individual noncitizens, who have been determined to be 
deportable from the United States, for suspension of their deportation 
pursuant to former section 244 of the INA.

Overview of This Information Collection

    1. Type of Information Collection: Renewal, with change, of a 
currently approved collection. EOIR is making a few non-substantive 
changes to the current Form EOIR-40, to include typographical and 
grammatical edits, adding appropriate spacing between words, and 
removing unnecessary spacing and symbols between words. EOIR is also 
making several minor but substantive changes to the current Form EOIR-
40, to include removing the word ``alien'' from the document, and 
replacing it with the word ``noncitizen''; clarifying the description 
of the dimension of an applicant's facial image for passport 
photographs; modifying the sentence explaining the purpose and 
instructions of this form; adding ``other'' as an alternate option for 
gender identity; changing the word ``home'' phone number to ``cell'' 
phone number; and including a privacy act statement.
    2. The Title of the Form/Collection: Application for Suspension of 
Deportation.
    3. The agency form number, if any, and the applicable component of 
the Department sponsoring the collection: The form number is EOIR-40; 
the sponsoring component is Executive Office for Immigration Review, 
United States Department of Justice.
    4. Affected public who will be asked or required to respond, as 
well as the obligation to respond: Primary: Individual noncitizens 
determined to be deportable from the United States. Other: None. 
Abstract: This information collection is necessary to determine the 
statutory eligibility of individual noncitizens, who have been 
determined to be deportable from the United States, for suspension of 
their deportation pursuant to former section 244 of the INA and 8 CFR 
1240.55 (2011).
    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 147 respondents will complete the form annually with an average of 
5 hour and 45 minutes per response.
    6. An estimate of the total annual burden (in hours) associated 
with the collection: The estimated public burden associated with this 
collection is 845.25 hours. It is estimated that respondents will take 
5 hour and 45 minutes to complete the form.
    7. An estimate of the total annual cost burden associated with the 
collection, if applicable:

                                               Total Burden Hours
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                                                                                     Time per
            Activity                 Number of       Frequency     Total annual      response      Total annual
                                    respondents     (annually)       responses        (hours)     burden (hours)
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Title...........................             147               1             147            5.75          845.25
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    Unduplicated Totals.........  ..............  ..............  ..............  ..............  ..............
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    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: November 15, 2024.
Darwin Arceo,
Department Clearance Officer for PRA, U.S. Department of Justice.
[FR Doc. 2024-27075 Filed 11-19-24; 8:45 am]
BILLING CODE 4410-30-P
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