IFS Deportation & Removal Defense 4 — Questions and Answers
Question 1: What is 'administrative closure' of a removal case?
- A final order terminating proceedings
- An indefinite pause of proceedings not resulting in a final order (Correct answer)
- Granting of relief by the immigration judge
- Transfer of the case to federal district court
Correct answer: An indefinite pause of proceedings not resulting in a final order
Administrative closure temporarily removes a case from the immigration court's active docket without issuing a final order, often used while other agency action is pending.
Question 2: Which Supreme Court case held that the 'exceptional and extremely unusual hardship' standard for non-LPR cancellation must be assessed to qualifying relatives, not the applicant?
- Chevron U.S.A. v. NRDC
- INS v. St. Cyr
- Moncrieffe v. Holder
- INS v. Jong Ha Wang (Correct answer)
Correct answer: INS v. Jong Ha Wang
In INS v. Jong Ha Wang (1981), the Supreme Court confirmed that hardship for non-LPR cancellation is measured to the qualifying U.S. citizen or LPR family member, not the applicant.
Question 3: What is a 'motion to terminate' removal proceedings?
- A request to dismiss charges for lack of jurisdiction or legal deficiency in the NTA (Correct answer)
- A motion to close the hearing indefinitely
- A request to transfer the case to another court
- A petition for voluntary departure
Correct answer: A request to dismiss charges for lack of jurisdiction or legal deficiency in the NTA
A motion to terminate asks the immigration judge to dismiss the removal case, often challenging the sufficiency or validity of the Notice to Appear or jurisdiction.
Question 4: Under Zadvydas v. Davis (2001), after what period of post-removal-order detention does a presumption of unreasonable detention arise?
- 30 days
- 90 days
- 6 months (Correct answer)
- 1 year
Correct answer: 6 months
The Supreme Court held in Zadvydas that detention beyond 6 months after a final removal order, where removal is not reasonably foreseeable, raises a presumption of unlawful detention.
Question 5: What is a 'motion to reopen' in immigration proceedings?
- A request to reconsider the legal reasoning of a prior decision
- A request to reopen proceedings based on new facts or evidence not previously available (Correct answer)
- A petition for review filed in the circuit court
- A bond redetermination request
Correct answer: A request to reopen proceedings based on new facts or evidence not previously available
A motion to reopen seeks to introduce new factual evidence that was not available at the time of the original hearing and may warrant a different outcome.
Question 6: How many days does a respondent generally have to file a motion to reopen with the BIA after issuance of a BIA decision?
- 30 days
- 60 days
- 90 days (Correct answer)
- 180 days
Correct answer: 90 days
Under 8 C.F.R. § 1003.2, a motion to reopen must generally be filed with the BIA within 90 days of the final administrative decision.
Question 7: What is 'prosecutorial discretion' in removal proceedings?
- A judge's authority to reduce criminal charges
- DHS's authority to decide whether and how to enforce immigration law in a particular case (Correct answer)
- The BIA's power to modify an immigration judge's decision
- Congress's authority to pass immigration legislation
Correct answer: DHS's authority to decide whether and how to enforce immigration law in a particular case
Prosecutorial discretion refers to DHS/ICE's authority to prioritize or deprioritize enforcement actions, including joining a motion to dismiss or administratively close a case.
IFS Deportation & Removal Defense 4
What is 'administrative closure' of a removal case?