IFS Deportation & Removal Defense 2 — Questions and Answers
Question 1: Which form is used to apply for cancellation of removal for a lawful permanent resident?
- EOIR-42A (Correct answer)
- EOIR-42B
- I-589
- I-881
Correct answer: EOIR-42A
EOIR-42A is the Application for Cancellation of Removal for Certain Permanent Residents filed before the immigration court.
Question 2: Under INA § 240A(a), how many years of continuous residence must an LPR demonstrate to be eligible for cancellation of removal?
- 3 years
- 5 years
- 7 years (Correct answer)
- 10 years
Correct answer: 7 years
An LPR must have resided continuously in the U.S. for at least 7 years after being admitted in any status to qualify for cancellation of removal.
Question 3: What is the 'stop-time rule' in cancellation of removal proceedings?
- The deadline to file EOIR-42A
- A rule that stops accrual of continuous presence when a Notice to Appear is served (Correct answer)
- A bar on filing motions after 90 days
- A rule stopping voluntary departure time
Correct answer: A rule that stops accrual of continuous presence when a Notice to Appear is served
The stop-time rule ends the accrual of continuous presence or residence for cancellation purposes when the government serves the Notice to Appear (NTA).
Question 4: Which of the following crimes is categorically an 'aggravated felony' that bars cancellation of removal?
- Simple trespass
- Drug trafficking offense (Correct answer)
- Misdemeanor shoplifting
- Traffic infraction
Correct answer: Drug trafficking offense
Drug trafficking crimes are enumerated aggravated felonies under INA § 101(a)(43) and permanently bar cancellation of removal.
Question 5: What is 'voluntary departure' in removal proceedings?
- Deportation ordered by an immigration judge
- Permission to leave the U.S. at one's own expense to avoid a formal removal order (Correct answer)
- A request to transfer venue
- A motion to reopen a case
Correct answer: Permission to leave the U.S. at one's own expense to avoid a formal removal order
Voluntary departure allows a noncitizen to leave the U.S. voluntarily at their own expense, avoiding the bars associated with a formal removal order.
Question 6: Under INA § 240B, what is the maximum period of voluntary departure that an immigration judge may grant at the conclusion of removal proceedings?
- 30 days
- 60 days (Correct answer)
- 90 days
- 120 days
Correct answer: 60 days
At the conclusion of removal proceedings, an immigration judge may grant up to 60 days of voluntary departure.
Question 7: Which document formally initiates removal proceedings against a noncitizen?
- Form I-862 (Notice to Appear) (Correct answer)
- Form I-200 (Warrant for Arrest)
- Form I-831 (Continuation of Detention)
- Form I-290B (Notice of Appeal)
Correct answer: Form I-862 (Notice to Appear)
Form I-862, the Notice to Appear (NTA), is the charging document that initiates removal proceedings before the immigration court.
IFS Deportation & Removal Defense 2
Which form is used to apply for cancellation of removal for a lawful permanent resident?