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###### Department of Justice

###### Executive Office for Immigration Review 

# ACTION:

30-Day Notice of Information Collection Under Review: Application for Cancellation of Removal (42a) for Certain Permanent Residents; (42b) and Adjustment of Status for Certain Nonpermanent Residents.

                    The Department of Justice (DOJ), Executive Office for Immigration Review (EOIR) has submitted 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. The proposed information collection is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the                     **Federal Register**                     Volume 70, Number 110, page 33762 on June 9, 2005, allowing for a 60-day comment period.                 

The purpose of this notice is to allow for an additional 30 days for public comment until October 3, 2005. This process is conducted in accordance with 5 CFR 1320.10. 

Written comments and/or suggestions regarding the items contained in this notice, especially the estimated public burden and associated response time, should be directed to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention Department of Justice Desk Officer, Washington, DC 20503. Additionally, comments may be submitted to OMB via facsimile to (202) 395-5806. 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 agencies 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 

                    —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.                 

## Overview of This Information Collection 

                    (1)                     *Type of Information Collection:*                     Revision of a currently approved collection.                 

                    (2)                     *Title of the Form/Collection:*                     Application for Cancellation of Removal (42a) for Certain Permanent Residents; (42b) and Adjustment of Status for Certain Nonpermanent Residents.                 

                    (3)                     *Agency form number, if any, and the applicable component of the Department sponsoring the collection:*                     Form Number: EOIR-42A, EOIR-42B. Executive Office for Immigration Review, United States Department of Justice.                 

                    (4)                     *Affected public who will be asked or required to respond, as well as a brief abstract:*                     Primary: Individual aliens determined to be removable from the United States. Other: None. Abstract: This information collection is necessary to determine the statutory eligibility of individual aliens 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.                 

                    (5)                     *An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond/reply:*                     It is estimated that 11,000 respondents will complete the form annually with an average of 5 hours, 45 minutes per response.                 

                    (6)                     *An estimate of the total public burden (in hours) associated with the collection:*                     There are an estimated 64,130 total annual burden hours associated with this collection.                 

If additional information is required contact: Brenda E. Dyer, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Patrick Henry Building, Suite 1600, 601 D Street NW., Washington, DC 20530. 

Dated: August 29, 2005. 

Brenda E. Dyer, 

Department Clearance Officer, Department of Justice. 

[FR Doc. 05-17462 Filed 9-1-05; 8:45 am] 

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