CIA Deportation & Removal Defense

Question 1

Which document formally initiates removal proceedings against a noncitizen in the United States?

Accepted Answer

Notice to Appear (NTA)

Answer

The Notice to Appear (NTA) is the charging document issued under INA § 239 that formally commences removal proceedings before an Immigration Judge.

Question 2

Which agency has primary jurisdiction over immigration removal proceedings in the United States?

Accepted Answer

Executive Office for Immigration Review (EOIR)

Answer

The Executive Office for Immigration Review (EOIR), which includes the Immigration Courts and the Board of Immigration Appeals, has jurisdiction over removal proceedings.

Question 3

Under INA § 237, which of the following is a ground of deportability for a lawful permanent resident?

Accepted Answer

Conviction of an aggravated felony after admission

Answer

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.

Question 4

What is the government's burden of proof to establish that a noncitizen is removable in immigration proceedings?

Accepted Answer

Preponderance of the evidence

Answer

The government must establish removability by a preponderance of the evidence, meaning it is more likely than not that the ground of removability exists.

Question 5

Which form does a lawful permanent resident use to apply for cancellation of removal before an Immigration Judge?

Accepted Answer

Form EOIR-42A

Answer

Form EOIR-42A (Application for Cancellation of Removal for Certain Permanent Residents) is used by LPRs seeking cancellation of removal in Immigration Court.

CIA - Certified Immigration Advisor Practice Test

CIA - Certified Immigration Advisor Practice Test

CIA Deportation & Removal Defense