CIS Immigration Laws & Regulations 4 — Questions and Answers
Question 1: Under INA § 240A(b), what minimum period of continuous physical presence in the US must a non-LPR demonstrate to qualify for cancellation of removal?
- 7 years
- 10 years (Correct answer)
- 5 years
- 3 years
Correct answer: 10 years
Non-LPR cancellation of removal under INA § 240A(b)(1)(A) requires at least 10 years of continuous physical presence in the US prior to the issuance of the Notice to Appear.
Question 2: Under the 'stop-time rule' in INA § 240A(d), continuous residence or physical presence for cancellation of removal purposes stops accruing upon which event?
- Execution of a voluntary departure agreement
- Service of a Notice to Appear (NTA) on the alien (Correct answer)
- Arrest or detention by ICE
- Entry of a final order of removal by an IJ
Correct answer: Service of a Notice to Appear (NTA) on the alien
The stop-time rule under INA § 240A(d)(1) provides that continuous residence or presence stops on the date the alien is served with an NTA commencing removal proceedings.
Question 3: Voluntary departure under INA § 240B allows a noncitizen to avoid which consequence of a formal removal order?
- Accrual of unlawful presence for the period spent in proceedings
- The statutory bar on reentry and the permanent record of a removal order (Correct answer)
- Detention pending departure
- The requirement to obtain advance parole before returning
Correct answer: The statutory bar on reentry and the permanent record of a removal order
Voluntary departure avoids the 10-year (or permanent) reentry bar triggered by a formal removal order and leaves no removal order on the alien's immigration record.
Question 4: To qualify for protection under the Convention Against Torture (CAT), an applicant must show what?
- Past torture and a well-founded fear of future persecution on a protected ground
- That it is more likely than not they will be tortured by or with the acquiescence of a public official (Correct answer)
- Clear and convincing evidence of torture that constitutes persecution
- A nexus between their political opinion and the feared harm
Correct answer: That it is more likely than not they will be tortured by or with the acquiescence of a public official
CAT protection requires a showing that it is more likely than not the applicant would be tortured if returned, with government involvement or acquiescence—no nexus to a protected ground is required.
Question 5: Expedited removal under INA § 235(b)(1) may be applied to which category of arriving aliens?
- Only nationals from countries with no visa agreement with the US
- Aliens who are inadmissible under INA § 212(a)(6)(C) or § 212(a)(7) at a port of entry (Correct answer)
- Any alien encountered within the US who cannot prove lawful status
- Only aliens who have previously been removed from the US
Correct answer: Aliens who are inadmissible under INA § 212(a)(6)(C) or § 212(a)(7) at a port of entry
Expedited removal applies to aliens arriving at ports of entry who are found inadmissible for misrepresentation (§ 212(a)(6)(C)) or lack of valid documents (§ 212(a)(7)), with no right to an immigration judge hearing.
Question 6: Under INA § 240(b)(5), what must be established to enter an in absentia removal order against a noncitizen who fails to appear?
- The NTA was personally handed to the alien by an officer
- Written notice of the hearing was provided and the alien is removable (Correct answer)
- The alien affirmatively waived their right to appear in writing
- A warrant for the alien's arrest was issued prior to the hearing
Correct answer: Written notice of the hearing was provided and the alien is removable
An in absentia order requires that the alien received written notice of the hearing (in person or by mail) and that the government establishes removability by clear, unequivocal, and convincing evidence.
Question 7: The REAL ID Act of 2005 significantly changed asylum law by establishing what standard for credibility determinations?
- A clear and convincing evidence standard for all asylum claims
- A totality-of-the-circumstances standard allowing IJs to consider any relevant factor (Correct answer)
- A presumption of credibility if the applicant presents corroborating documents
- A requirement that medical or psychological evidence be presented in all cases
Correct answer: A totality-of-the-circumstances standard allowing IJs to consider any relevant factor
The REAL ID Act amended INA § 208(b)(1)(B)(iii) to allow IJs to base adverse credibility findings on any relevant inconsistency or implausibility, using a totality-of-the-circumstances approach.
CIS Immigration Laws & Regulations 4
Under INA § 240A(b), what minimum period of continuous physical presence in the US must a non-LPR demonstrate to qualify for cancellation of removal?