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EOIR proposes removing fields from cancellation-of-removal forms and collecting signatures when applicants file

2 min read

Fictional editorial illustration reused from the Hugin archive; not documentary evidence or a depiction of an actual immigration office or case.

The immigration court system proposes revising two forms used to seek cancellation of removal, including removing fields it says are irrelevant to a judge's discretion. A notice scheduled for October 26 Federal Register publication estimates five hours and 50 minutes per response. It requests comments on the collection and its burden; it does not announce new eligibility standards or decide anyone's case.

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People applying to have their removal canceled would face revised forms under a proposal from the Executive Office for Immigration Review. The immigration court agency says it would remove unnecessary information requests and collect applicants' signatures and affirmations when they file.

The 30-day notice is scheduled to be published in the Federal Register on October 26, 2026. It concerns review of an information collection, following an earlier 60-day notice, rather than a new ruling on who qualifies for relief.

What the forms would ask

Form EOIR-42A is for certain permanent residents; Form EOIR-42B covers cancellation of removal and adjustment of status for certain nonpermanent residents.

For both forms, EOIR proposes generalizing Question 21 to account for different visa types used to enter the country. It would remove fields in Part 7 collecting information it considers irrelevant to an immigration judge's exercise of discretion for the respective type of relief. Part 9 would collect the applicant's signature and affirmation at filing.

The agency also describes changes to electronic filing-fee information, formatting and instructions. It says the instructions and related questions would track the Immigration and Nationality Act's language more closely. Applicants still must establish statutory eligibility and entitlement to a favorable exercise of discretion, according to the notice.

The estimated work

EOIR estimates five hours and 50 minutes per response for each form. It projects 1,457 annual respondents for EOIR-42A and 13,787 for EOIR-42B, with annual time burdens of 8,492 and 80,380 hours respectively.

These are the agency's estimates for paperwork review, not measurements of every applicant's experience. The notice invites scrutiny of its assumptions and suggestions for reducing the burden, including electronic submission.

How to comment

The inspection copy leaves the deadline as '[INSERT DATE 30 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER]'. By this desk's count from the scheduled October 26 publication, that is November 25, 2026; the Register's documents metadata already supplies the same date.

The notice directs comments to Reginfo's public review page: select the collections under 30-day review or search OMB Control Number 1125-0001. It also asks commenters to copy EOIR at the addresses printed in the notice. That is the comment route for the information collection, not an application for cancellation of removal.

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