IFS Deportation & Removal Defense 3 — Questions and Answers
Question 1: What is 'withholding of removal' under INA § 241(b)(3)?
- A discretionary form of relief identical to asylum
- A mandatory bar against removal to a country where life or freedom is threatened on protected grounds (Correct answer)
- A stay of removal pending appeal
- A bond hearing right
Correct answer: A mandatory bar against removal to a country where life or freedom is threatened on protected grounds
Withholding of removal under INA § 241(b)(3) is a mandatory protection prohibiting removal to a country where the noncitizen's life or freedom would be threatened on account of a protected ground.
Question 2: Under the Convention Against Torture (CAT), what must an applicant demonstrate to obtain deferral of removal?
- Past persecution on a protected ground
- That it is more likely than not they would be tortured by or with the acquiescence of a public official (Correct answer)
- A well-founded fear of future persecution
- 10 years of continuous presence in the U.S.
Correct answer: That it is more likely than not they would be tortured by or with the acquiescence of a public official
CAT protection requires showing it is more likely than not the applicant would be tortured with government involvement or acquiescence if returned.
Question 3: Which court reviews final orders of removal issued by the Board of Immigration Appeals?
- U.S. District Court
- U.S. Court of Appeals for the relevant circuit (Correct answer)
- U.S. Supreme Court only
- Immigration Court of Appeals
Correct answer: U.S. Court of Appeals for the relevant circuit
Under INA § 242, petitions for review of final orders of removal are filed in the U.S. Court of Appeals for the circuit where the immigration judge held proceedings.
Question 4: What is the filing deadline for a petition for review of a BIA final order of removal?
- 30 days (Correct answer)
- 45 days
- 60 days
- 90 days
Correct answer: 30 days
Under INA § 242(b)(1), a petition for review must be filed in the circuit court within 30 days of the final order of removal.
Question 5: What is an 'order of supervision' in the immigration context?
- A court order granting LPR status
- An order allowing DHS to supervise a noncitizen who cannot be immediately removed (Correct answer)
- A warrant for arrest
- An administrative closure order
Correct answer: An order allowing DHS to supervise a noncitizen who cannot be immediately removed
An order of supervision is issued to noncitizens with final removal orders who cannot be removed, requiring them to report periodically to ICE.
Question 6: Which form is used to apply for cancellation of removal for non-permanent residents under INA § 240A(b)?
- EOIR-42A
- EOIR-42B (Correct answer)
- I-589
- I-485
Correct answer: EOIR-42B
EOIR-42B is the Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents.
Question 7: Under INA § 240A(b), how many years of continuous physical presence must a non-LPR demonstrate for cancellation of removal?
- 5 years
- 7 years
- 10 years (Correct answer)
- 12 years
Correct answer: 10 years
Non-permanent residents must show 10 years of continuous physical presence in the U.S. to be eligible for cancellation of removal under INA § 240A(b).
IFS Deportation & Removal Defense 3
What is 'withholding of removal' under INA § 241(b)(3)?