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[Federal Register Volume 90, Number 19 (Thursday, January 30, 2025)]
[Notices]
[Pages 8535-8536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01964]

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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; 
Title: Application for Suspension of Deportation (EOIR-40)

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

ACTION: 30-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 30 days until 
March 3, 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 
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: The proposed information collection was 
previously published in the Federal Register on November 20, 2024, 
allowing a 60-day comment period. 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.

    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 1125-0009. This information collection request 
may be viewed at www.reginfo.gov. Follow the instructions to view 
Department of Justice, information collections currently under review 
by OMB.
    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: 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; 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.
    5. Obligation to Respond: The information requested on this form is 
authorized by 8 CFR 1240.55-.58 to adjudicate a noncitizen's request 
for suspension of deportation under Section

[[Page 8536]]

244 of the Immigration and Nationality Act (INA) in effect prior to 
April 1, 1997. This is a mandatory collection of information because 
EOIR requires it to adjudicate the request for suspension of 
deportation. Failure to provide the requested information may affect 
the individual's ability to establish his/her eligibility for 
suspension of deportation and to determine his/her legal right to 
remain in the United States.
    6. Total Estimated Number of Respondents: It is estimated that 147 
respondents will complete the form annually.
    7. Estimated Time per Respondent: It is estimated that it will take 
an average of 5 hour and 45 minutes per response.
    8. Frequency: It is estimated that respondents will complete the 
form annually.
    9. Total Estimated Annual Time Burden: The estimated public burden 
associated with this collection is 845.25 hours.
    10. Total Estimated Annual Other Costs Burden: The estimated annual 
cost burden associated with this collection is $73,935.12.
    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: January 27, 2025
Darwin Arceo,
Department Clearance Officer for PRA, U.S. Department of Justice.
[FR Doc. 2025-01964 Filed 1-29-25; 8:45 am]
BILLING CODE 4410-30-P
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