EOIR-26_PRArenewal_SupportingStatement_signed_09.10.2025

SUPPORTING STATEMENT
Revision and Extension of a Currently Approved Collection
Form EOIR-26, Notice of Appeal from a Decision of an Immigration Judge
(OMB No. 1125-0002)
______________________________________________________________________________
Part A. Justification
1. Necessity of Information Collection – The primary mission of the Executive Office for
Immigration Review (EOIR) is to adjudicate immigration cases by fairly, expeditiously, and
uniformly interpreting and administering the Nation’s immigration laws. EOIR conducts
immigration court proceedings, appellate reviews, and administrative hearings. One of
EOIR’s adjudicating components is the Board of Immigration Appeals (Board or BIA),
which is the highest administrative body for interpreting and applying immigration laws. The
Board has been given nationwide jurisdiction to hear appeals from certain decisions rendered
by Immigration Judges. The parties to Board appellate proceedings include the
respondent/applicant that is the subject of the immigration case and the U.S. Department of
Homeland Security (DHS) Immigration and Customs Enforcement (ICE).

A party affected by a decision of an Immigration Judge may appeal that decision to the
Board, provided the Board has jurisdiction pursuant to 8 C.F.R. § 1003.1(b). An appeal from
an Immigration Judge’s decision is taken by completing the Form EOIR-26 and submitting it
to the Board. The form requests information necessary for the Board to process an appeal of
an Immigration Judge decision, such as the respondent’s/applicant’s name and alien
registration number (A-number), the mailing addresses for the appellant and attorney or
representative of record, the basis for the appeal, and proof of service of the notice of appeal
on the opposing party.
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EOIR is revising Form EOIR-26 to implement several changes. Formatting and textual
revisions were made through the form and the instructions to improve organization, clarity,
and readability. EOIR also updated references and URLs to EOIR’s online Policy Manual.
With recent updates and expansions to EOIR’s electronic filing system, EOIR revised the
form and instructions to clarify the differing filing instructions for paper and electronic
submissions. In response to filing fee changes enacted under the One Big Beautiful Bill Act
(“OBBBA”) (H.R. 1), signed into law on July 4, 2025, EOIR also changed the filing
instructions to guide form respondents to the EOIR website for the most current filing fee
information. EOIR removed references and collection of information pertaining to the BIA
Pro Bono Project; this is not currently an active agency program and it is therefore
unnecessary for EOIR to collect information solely for the purpose of this program. An
option was added to the form for an appellant to specify that he or she is filing an
interlocutory appeal from an Immigration Judge decision, as no other EOIR information
collection provided a means for parties to file interlocutory appeals. Finally, EOIR added a
field to collect the email address for the appellant’s attorney or authorized representative.

2. Needs and Uses - The form is used to file an appeal with the Board from a decision of an
Immigration Judge. In order to make such an appeal, the appellant must complete and file the
form with the Board. Information contained in the form is considered to the extent necessary
to process the appeal. The form is retained in the official record of proceedings for the
respondent/applicant and certain information on the form is entered into EOIR’s internal case
management system. The form is reviewed by the Board to determine the sufficiency and
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merit of a party’s appeal.

2. Use of Technology - The use of this form provides the most efficient means for collecting
and processing the required data. The Form EOIR-26 is available as a fillable PDF on
EOIR’s website. An individual may complete the form electronically by typing information
or by printing the form and legibly handwrite the requested information. An individual may
submit the form by mail or hand delivery. Alternatively, individuals have the ability to access
the form in a fillable, fileable, and signable PDF format and may electronically file the form
with the Board through the agency’s electronic case filing system, EOIR’s Courts & Appeals
System (ECAS), available at https://www.justice.gov/eoir/ECAS.

4. Efforts to Identify Duplication - The only method for appealing an Immigration Judge’s
decision to the Board is to file a Form EOIR-26, and there is no duplication of effort. EOIR
does have a separate form for appealing to the Board the decision of a DHS Officer, Form
EOIR-29, Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS
Officer (OMB No. 1125-0010). However, the Form EOIR-29 serves a unique use and
purpose from the Form EOIR-26. The information needed for the Board to process an appeal
of a DHS Officer decision differs drastically from the information needed for the Board to
process an appeal of an Immigration Judge decision. For example, a carrier or fine number is
required to appeal a DHS Officer decision, which is not necessary or relevant to appeal an
Immigration Juge decision. Because the forms serve different uses and purposes, there is no
duplication of effort.

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5. Impact on Small Businesses - This collection does not have an impact on small businesses
or other small entities.

6. Consequences of Less Frequent Collection - Failure to collect the information on the Form
EOIR-26 would deprive the party of a mechanism through which to preserve and exercise the
regulatory right to appeal an Immigration Judge decision to the Board.

7. Special Circumstances Influencing Collection - A party affected by an Immigration
Judge’s decision who wishes to appeal the decision must file the Form EOIR-26 within 30
calendar days of the Immigration Judge’s oral decision or the mailing date of the
Immigration Judge’s written decision. 8 C.F.R. § 1003.38(b). None of the other special
circumstances identified in OMB instruction number 7 apply to this collection.

8. Federal Register Publication and Consultation- A 60-day notice covering this collection
was published in the Federal Register. See 90 FR 28815 (Jul. 1, 2025). A correction to the
60-day notice was published in the Federal Register. See 90 FR 34677 (Jul. 23, 2025). No
comments were received during the 60-day period. A 30-day notice covering this collection
was published in the Federal Register. See 90 FR 43477 (Sept. 9, 2025). If any additional
comments are received, they will be considered and incorporated where appropriate.

9. Payment or Gift to Claimants - EOIR does not provide any payment or gifts to parties in
immigration proceedings.

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10. Assurance of Confidentiality – The Board and the Immigration Courts retain the original
completed form in the official record of proceedings (ROP), along with all other documents
filed in the proceeding. EOIR staff members and adjudicators who process, review, and
adjudicate the case may access the Form EOIR-26 in the ROP. EOIR protects the
confidentiality of the contents of the Form EOIR-26 to the extent permitted by law. EOIR
releases information in accordance with the Freedom of Information Act, the Privacy Act
(including applicable System of Records Notices (SORNs)), and other laws that may impose
confidentiality restrictions on immigration-related information. See, e.g., 8 U.S.C. § 1367; 8
C.F.R. § 1208.6.

11. Justification for Sensitive Questions - There are no questions of a sensitive nature in the
Form EOIR-26.

12. Estimate of Hour Burden
a. Number of Respondents

45,473

b. Number of Responses per Respondent

1

c. Total Annual responses

45,473

d. Hours per response

0.5

e. Total annual hourly reporting burden

22,736

The total annual reporting burden is derived by multiplying the number of respondents (45,473)
by the frequency of response (1) by the number of hours per response (0.5): 45,473 respondents
x 1 response per respondent x 0.5 hour per respondent = 22,736 burden hours. The number of
estimated respondents includes the average 42,816 members of the public filing the form
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annually as well as the average 2,657 DHS ICE attorneys annually filing appeals of Immigration
Judge decisions. It is estimated that the total time to read and complete the form and gather all
materials is no more than 30 minutes.

13. Estimate of Cost Burden – The total estimated annual public cost is $12,747,978. There are
no capital or start-up costs associated with this information collection. For
respondents/applicants who are subjects of immigration proceedings, there is a fee of $1,010 to
file a Form EOIR-26 with the Board, though respondents/applicants may seek to have the filing
fee waived by submitting Form EOIR-26A, Fee Waiver Request (OMB No. 1125-0003). The
filing fee requirement does not apply to forms filed by DHS ICE. 8 C.F.R. § 1003.8(a)(2)(vi).
The printing cost is estimated at $0.10 per page, or $0.80 per form ($0.10 per page x 8 pages).
For forms filed by mail, there is an estimated postage cost of $10.10 per form. However, printing
and postage costs may be avoided by completing and filing the form electronically. Of the total
number of responses received annually, 32,339 (71%) are filed electronically and 13,134 (29%)
are filed by mail or hand delivery. Of the 13,134 forms received by mail or hand delivery, 12,487
are submitted by respondents/applicants who are subject to the filing fee requirement and 647 are
submitted by DHS ICE representatives who are exempt from the filing fee requirement.
Assuming an individual prints and files the form by mail and does not obtain a waiver of the
filing fee, the upper bound of the estimated public cost is determined by totaling the filing fee,
printing cost, and postage of all paper forms submitted by members of the public and DHS ICE:
Cost
Printing
Postage
Filing Fee

Individual
$0.80 per response
$10.10 per response
$1,010 per response
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DHS ICE
$0.80 per response
$10.10 per response
$0 per response

Total Per
Response
Total for All
Paper Responses
Filed

$1,020.90

$10.90

$1020.90 x 12,487 =
$12,747,978

$10.90 x 647 =
$7,052

For informational purposes, there may be additional labor costs to appellants (not DHS ICE),
who may incur a cost if they hire a private practitioner to assist them with completing the Form
EOIR-26. The Bureau of Labor Statistics reports that the median hourly wage for lawyers is
$72.67.

14. Estimated Cost to Federal Government – EOIR estimates that its annual government cost for
printing, distributing, stocking, processing, and maintaining the Form EOIR-26 is $187,924.11.
This amount includes printing costs of $10,507.20, which was derived by multiplying the 8
pages of the form by an estimated $0.10 per page by the estimated 13,134 responses with paper
ROPs. This amount also includes stocking, processing, and maintenance costs of $177,357,
which was derived by calculating the personnel and overhead costs to EOIR for processing both
paper and electronic forms.

15. Reason for Change in Burden - The differences in burden are likely due to an increase in the
average number of responses received annually, which correlates with a general increase in the
total number of immigration cases. Previously, EOIR estimated 34,921 respondents annually. At
present, EOIR estimates it will receive 45,473 responses annually based on the average number
of forms received over the last three fiscal years. As the number of hours per response remained
the same (30 minutes), the total burden hours increased from 17,461 to 22,736 burden hours, for
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an increase of 5,275 additional burden hours. Because of the higher number of responses, and
because of filing fee increases mandated by the One Big Beautiful Bill Act (OBBBA), Pub. L.
119-21 (2025), the cost burden similarly changed. The annual cost burden also changed because
the prior ICR did not account for differences in cost per response based on whether a filing fee
applied to the particular for respondent.

16. Plans for Publication - EOIR does not intend to employ the use of statistics or the publication
thereof for this collection of information.

17. Exceptions to Certification Statement - EOIR does not request an exception to the
certification of this information collection.

Section B. Collection of Information Employing Statistical Methods
Not applicable.

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PAPERWORK CERTIFICATION

In submitting this request for OMB approval, I certify that the requirements of the
Privacy Act and OMB directives have been complied with, including paperwork regulations, any
applicable statistical standards or directives, and any other information policy directives
promulgated under 5 C.F.R. § 1320.

JUSTINE FUGA

Digitally signed by JUSTINE
FUGA
Date: 2025.09.10 09:25:00
-04'00'

_____________________
Justine Fuga
Associate General Counsel
Executive Office for Immigration Review
U.S. Department of Justice

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