CIA Deportation & Removal Defense 3

Question 1

After an Immigration Judge issues a removal order, what is the first administrative appellate body a respondent may appeal to?

Accepted Answer

Board of Immigration Appeals (BIA)

Answer

U.S. Court of Appeals for the relevant circuit

Answer

U.S. District Court for the district of removal

Answer

U.S. Supreme Court

Question 2

A motion to reopen removal proceedings must generally be filed within how many days of entry of a final administrative order of removal?

Accepted Answer

90 days

Answer

30 days

Answer

60 days

Answer

180 days

Question 3

After exhausting administrative remedies at the BIA, a noncitizen seeking federal judicial review of a removal order must file a:

Accepted Answer

Petition for Review with the appropriate U.S. Court of Appeals

Answer

Writ of habeas corpus in U.S. District Court

Answer

Motion to Reconsider with the BIA

Answer

Direct appeal to the U.S. Supreme Court

Question 4

What is the primary legal distinction between a motion to reopen and a motion to reconsider in removal proceedings?

Accepted Answer

A motion to reopen presents new facts or evidence; a motion to reconsider asserts errors of law or fact in the prior decision

Answer

A motion to reconsider presents new facts; a motion to reopen asserts errors of law in the prior decision

Answer

Both motions raise new facts but are filed with different courts

Answer

There is no practical legal distinction between the two motions

Question 5

Under the Supreme Court's ruling in Zadvydas v. Davis (2001), how long may the government presumptively detain a noncitizen with a final removal order when removal is not reasonably foreseeable?

Accepted Answer

Six months presumptively, after which continued detention requires justification

Answer

Indefinitely, provided removal remains the government's goal

Answer

One year, after which the noncitizen must be released unconditionally

Answer

Ninety days, the statutory removal period under INA § 241

Question 6

Which procedural doctrine bars a federal court from reviewing an immigration issue that was not first raised before the Immigration Judge or the BIA?

Accepted Answer

The exhaustion of administrative remedies requirement

Answer

The political question doctrine

Answer

The abstention doctrine

Answer

The ripeness doctrine

Question 7

When an Immigration Judge grants voluntary departure in lieu of removal, what is the consequence if the noncitizen fails to depart within the granted period?

Accepted Answer

The voluntary departure order converts to a removal order and the noncitizen accrues a 10-year bar on certain forms of relief

Answer

The noncitizen automatically becomes eligible to reapply for voluntary departure

Answer

The noncitizen may file a motion to extend the voluntary departure period indefinitely

Answer

There are no additional immigration consequences beyond the underlying removal order