Notice of Appeal from a Decision of an Immigration Judge

Forms and Documents

Document Name	Status
Form EOIR-26 Notice of Appeal from a Decision of an Immigration Judge Form	Modified
EOIR-26_PRArenewal_SupportingStatement_draft_09.10.2025.docx Supplementary Document	2025-09-10
EOIR-26_30day_90FR43477_09.09.2025.pdf Supplementary Document	2025-09-10
EOIR-26_PRArenewal_SupportingStatement_signed_09.10.2025.pdf Supporting Statement A	2025-09-10
EOIR-26_60day_90FR28815_07.01.2025.pdf Supplementary Document	2025-07-01
LegalAuthority_8USC1229a.pdf Supplementary Document	2025-07-01
LegalAuthority_8USC1103.pdf Supplementary Document	2025-06-17

IC Document Collections

IC ID	Document Title	Status
12671	Notice of Appeal from a Decision of an Immigration Judge Form	Modified

ICR Details

OMB Control No: 1125-0002	ICR Reference No: 202506-1125-001
Status: Received in OIRA	Previous ICR Reference No: 202210-1125-002
Agency/Subagency: DOJ/EOIR	Agency Tracking No: EOIR-26
Title: Notice of Appeal from a Decision of an Immigration Judge
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 09/10/2025

	Requested	Previously Approved
Expiration Date	36 Months From Approved	01/31/2026
Responses	45,473	34,921
Time Burden (Hours)	22,737	17,461
Cost Burden (Dollars)	12,747,978	3,841,310

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Abstract: A party affected by a decision of an Immigration Judge may appeal to the Board of Immigration Appeals (Board or BIA) using form EOIR-26, provided the BIA has jurisdiction pursuant to 8 CFR 1003.1(b).

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Authorizing Statute(s): US Code: 8 USC 1103 Name of Law: Immigration and Nationality Act
   US Code: 8 USC 1229a Name of Law: Immigration and Nationality Act
  

Citations for New Statutory Requirements: PL: Pub.L. 119 - 21 100001-100018 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:
	90 FR 28815	07/01/2025
30-day Notice:	Federal Register Citation:	Citation Date:
	90 FR 43477	09/09/2025
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
Notice of Appeal from a Decision of an Immigration Judge	EOIR-26	Notice of Appeal from a Decision of an Immigration Judge

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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	45,473	34,921	0	10,552	0	0
Annual Time Burden (Hours)	22,737	17,461	0	5,276	0	0
Annual Cost Burden (Dollars)	12,747,978	3,841,310	0	8,906,668	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

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

Burden Reduction Due to:

Short Statement: The change in the estimated burden is due to an adjustment in the agency estimate and the method by which the estimate was calculated. The increased burden is due to increases in the average number of responses received annually, which correlates with a general increase in the number of immigration cases with the agency. The annual cost burden changed because the prior ICR did not account for differences in cost per response based on whether a filing fee applied to the particular respondent. The average filing fee per response was used in ROCIS, but please refer to the supporting statement for a more accurate and robust calculation of the annual estimated cost burden.

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Annual Cost to Federal Government: $187,924

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: 09/10/2025

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