Application for Suspension of Deportation

Forms and Documents

Document Name	Status
Form EOIR-40 Application for Suspension of Deportation Form and Instruction	Removed
Form EOIR-40 Application for Suspension of Deportation Form and Instruction	Modified
Form EOIR-40 Application for Suspension of Deportation Form and Instruction	Removed
Email_DirectorApproval_EOIR-40_NonsubstantiveChange.pdf Supplementary Document	2025-08-01
EOIR-40 Nonsubstantive Change Justification.docx Justification for No Material/Nonsubstantive Change	2025-07-31
2024 EOIR-40 SUPPORTING STATEMENT.final.signed.2-26-2025.pdf Supporting Statement A	2025-02-26
Authority.rtf Supplementary Document	2015-09-17

IC Document Collections

IC ID	Document Title	Status
274200	Application for Suspension of Deportation Form and Instruction	Removed
274169	Application for Suspension of Deportation Form and Instruction	Modified
274114	Application for Suspension of Deportation Form and Instruction	Removed

ICR Details

OMB Control No: 1125-0009	ICR Reference No: 202507-1125-008
Status: Received in OIRA	Previous ICR Reference No: 202502-1125-003
Agency/Subagency: DOJ/EOIR	Agency Tracking No: EOIR-40
Title: Application for Suspension of Deportation
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 08/01/2025

	Requested	Previously Approved
Expiration Date	06/30/2028	06/30/2028
Responses	147	441
Time Burden (Hours)	845	2,535
Cost Burden (Dollars)	0	0

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Abstract: The Form EOIR-40 is filed in Immigration Court by certain deportable aliens who seek to have their deportation suspended and to become lawful permanent residents.

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Authorizing Statute(s): US Code: 8 USC 1254 Name of Law: Immigration and Nationality Act
  

Citations for New Statutory Requirements: PL: Pub.L. 119 - 21 100013(h) Name of Law: One Big Beautiful Bill Act

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 91786	11/20/2024
30-day Notice:	Federal Register Citation:	Citation Date:
	90 FR 8535	01/30/2025
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Application for Suspension of Deportation	EOIR-40	Application for Suspension of Deportation
Application for Suspension of Deportation	EOIR-40	Application for Suspension of Deportation
Application for Suspension of Deportation	EOIR-40	Application for Suspension of Deportation

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	147	441	0	0	-294	0
Annual Time Burden (Hours)	845	2,535	0	0	-1,690	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: In the previous ICR, EOIR inadvertently duplicated the same form three times on the information collection list and mistakenly created three information collection instruments, causing errors in the burden estimate calculation. This has been corrected by deleting two duplicates so that the information collection list only captures the form once.

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Annual Cost to Federal Government: $589

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     Yes

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 08/01/2025

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