CIA Deportation & Removal Defense 2

Question 1

To qualify for cancellation of removal as a non-lawful permanent resident, an applicant must demonstrate continuous physical presence in the U.S. for at least how many years?

Accepted Answer

10 years

Answer

Under INA § 240A(b)(1)(A), a non-LPR must demonstrate 10 years of continuous physical presence in the U.S. to be eligible for cancellation of removal.

Question 2

Which form of relief protects a noncitizen from removal based on a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion?

Accepted Answer

Asylum

Answer

Asylum under INA § 208 protects noncitizens who have suffered past persecution or have a well-founded fear of future persecution based on one of the five protected grounds.

Question 3

Under the Convention Against Torture (CAT), what must an applicant demonstrate to receive protection from removal?

Accepted Answer

That it is more likely than not they would be tortured by or with the acquiescence of a government official

Answer

CAT protection requires showing it is more likely than not that the applicant would be subjected to torture by or with the consent or acquiescence of a public official in the country of removal.

Question 4

A noncitizen seeking withholding of removal must show that their life or freedom would be threatened on account of which protected grounds?

Accepted Answer

Race, religion, nationality, membership in a particular social group, or political opinion

Answer

Withholding of removal under INA § 241(b)(3) requires showing a clear probability of persecution on account of the same five protected grounds as asylum.

Question 5

Which of the following is NOT a statutory requirement for cancellation of removal for a lawful permanent resident under INA § 240A(a)?

Accepted Answer

Ten years of continuous physical presence in the U.S.

Answer

LPR cancellation requires 5 years as an LPR, 7 years of continuous residence, and no aggravated felony conviction — the 10-year continuous presence requirement applies to non-LPR cancellation, not LPR cancellation.

CIA - Certified Immigration Advisor Practice Test

CIA - Certified Immigration Advisor Practice Test

CIA Deportation & Removal Defense 2