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

The Board of Immigration Appeals (BIA) is the highest administrative appellate body within EOIR and is the first body that reviews decisions of Immigration Judges.

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

Under 8 CFR § 1003.23(b)(1), a motion to reopen before the Immigration Judge must be filed within 90 days of the final order of removal, absent an exception.

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

Under INA § 242, the exclusive means of judicial review of a final order of removal is a Petition for Review filed in the U.S. Court of Appeals for the circuit where the Immigration Judge conducted proceedings.

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 reopen is based on new facts or evidence not previously available, while a motion to reconsider argues that the prior decision contained legal or factual errors based on the existing record.

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

In Zadvydas v. Davis, the Supreme Court held that the post-removal-order detention statute authorizes detention for a presumptively reasonable period of six months; beyond that, continued detention must be justified.

CIA - Certified Immigration Advisor Practice Test

CIA - Certified Immigration Advisor Practice Test

CIA Deportation & Removal Defense 3