IFS Deportation & Removal Defense 3

Question 1

What is 'withholding of removal' under INA § 241(b)(3)?

Accepted Answer

A mandatory bar against removal to a country where life or freedom is threatened on protected grounds

Answer

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?

Accepted Answer

That it is more likely than not they would be tortured by or with the acquiescence of a public official

Answer

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?

Accepted Answer

U.S. Court of Appeals for the relevant circuit

Answer

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?

Accepted Answer

30 days

Answer

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?

Accepted Answer

An order allowing DHS to supervise a noncitizen who cannot be immediately removed

Answer

An order of supervision is issued to noncitizens with final removal orders who cannot be removed, requiring them to report periodically to ICE.

(IFS) Immigration Forms Specialist Certified Practice Test

(IFS) Immigration Forms Specialist Certified Practice Test

IFS Deportation & Removal Defense 3