Deportation & Removal Defense Flashcards
7 cards from real CIA practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Deportation & Removal Defense flashcards as text
Which document formally initiates removal proceedings against a noncitizen in the United States?
Answer: Notice to Appear (NTA)
The Notice to Appear (NTA) is the charging document issued under INA § 239 that formally commences removal proceedings before an Immigration Judge.
Which agency has primary jurisdiction over immigration removal proceedings in the United States?
Answer: Executive Office for Immigration Review (EOIR)
The Executive Office for Immigration Review (EOIR), which includes the Immigration Courts and the Board of Immigration Appeals, has jurisdiction over removal proceedings.
Under INA § 237, which of the following is a ground of deportability for a lawful permanent resident?
Answer: Conviction of an aggravated felony after admission
Under INA § 237(a)(2)(A)(iii), a lawful permanent resident who is convicted of an aggravated felony at any time after admission is deportable.
What is the government's burden of proof to establish that a noncitizen is removable in immigration proceedings?
Answer: Preponderance of the evidence
The government must establish removability by a preponderance of the evidence, meaning it is more likely than not that the ground of removability exists.
Which form does a lawful permanent resident use to apply for cancellation of removal before an Immigration Judge?
Answer: Form EOIR-42A
Form EOIR-42A (Application for Cancellation of Removal for Certain Permanent Residents) is used by LPRs seeking cancellation of removal in Immigration Court.
What is the maximum period of voluntary departure an Immigration Judge may grant at the conclusion of removal proceedings?
Answer: 60 days
Under INA § 240B(b)(2), an Immigration Judge may grant up to 60 days of voluntary departure at the conclusion of removal proceedings.
Which of the following offenses is classified as an 'aggravated felony' under the Immigration and Nationality Act?
Answer: Drug trafficking offenses
Under INA § 101(a)(43)(B), drug trafficking crimes are classified as aggravated felonies, triggering severe immigration consequences including mandatory removal.