IFS Deportation & Removal Defense 4

Question 1

What is 'administrative closure' of a removal case?

Accepted Answer

An indefinite pause of proceedings not resulting in a final order

Answer

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?

Accepted Answer

INS v. Jong Ha Wang

Answer

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?

Accepted Answer

A request to dismiss charges for lack of jurisdiction or legal deficiency in the NTA

Answer

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?

Accepted Answer

6 months

Answer

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?

Accepted Answer

A request to reopen proceedings based on new facts or evidence not previously available

Answer

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.

(IFS) Immigration Forms Specialist Certified Practice Test

(IFS) Immigration Forms Specialist Certified Practice Test

IFS Deportation & Removal Defense 4