IFS Deportation & Removal Defense 5

Question 1

Which statutory provision provides the authority to detain noncitizens during removal proceedings?

Accepted Answer

INA § 236

Answer

INA § 236 governs the arrest, detention, and release of noncitizens pending removal proceedings, including bond authority.

Question 2

What is the standard used at a bond hearing before an immigration judge for a non-mandatory detainee?

Accepted Answer

Whether the person is a danger to the community or a flight risk

Answer

At a bond hearing, an immigration judge assesses whether the noncitizen poses a danger to the community or is a flight risk to determine whether to set bond.

Question 3

Which of the following is a ground of deportability under INA § 237 that does NOT apply as a ground of inadmissibility?

Accepted Answer

Failure to register and notify change of address

Answer

Failure to comply with alien registration and address notification requirements (INA § 237(a)(3)) is a deportability ground with no direct inadmissibility counterpart.

Question 4

What is 'adjustment of status' as a defense in removal proceedings?

Accepted Answer

An application to become a lawful permanent resident filed before the immigration judge

Answer

In some cases, a respondent in removal proceedings can apply for adjustment of status to LPR before the immigration judge as a form of relief from removal.

Question 5

What does it mean for a conviction to be 'vacated on the merits' in the context of immigration consequences?

Accepted Answer

The conviction is overturned due to a legal or constitutional defect, eliminating it for immigration purposes

Answer

A conviction vacated on the merits (due to a legal defect, not just for immigration purposes) is no longer considered a conviction for immigration law purposes.

(IFS) Immigration Forms Specialist Certified Practice Test

(IFS) Immigration Forms Specialist Certified Practice Test

IFS Deportation & Removal Defense 5