IFS Immigration Court Procedures 2 — Questions and Answers
Question 1: What is the primary function of a Master Calendar Hearing in immigration court?
- To decide the final merits of a removal case
- To schedule future hearings, accept pleadings, and address preliminary matters (Correct answer)
- To adjudicate bond requests from detained respondents
- To review BIA decisions remanded to the immigration judge
Correct answer: To schedule future hearings, accept pleadings, and address preliminary matters
Master Calendar Hearings are scheduling and procedural hearings where the respondent enters pleadings and the court sets timelines for future proceedings.
Question 2: Under 8 C.F.R. § 1003.23, a motion to reopen removal proceedings must generally be filed within how many days of the final order?
- 30 days
- 60 days
- 90 days (Correct answer)
- 120 days
Correct answer: 90 days
A motion to reopen must generally be filed within 90 days of the date of entry of a final administrative order of removal.
Question 3: Which agency administers the immigration courts and the Board of Immigration Appeals?
- U.S. Citizenship and Immigration Services (USCIS)
- Department of Homeland Security (DHS)
- Executive Office for Immigration Review (EOIR) (Correct answer)
- Department of State (DOS)
Correct answer: Executive Office for Immigration Review (EOIR)
EOIR, a component of the Department of Justice, administers immigration courts and the BIA.
Question 4: An in absentia removal order may be rescinded if the respondent demonstrates they did not receive proper notice of the hearing and files a motion within:
- 30 days of the order
- 90 days of the order
- 180 days of the order
- There is no time limit for lack-of-notice rescission (Correct answer)
Correct answer: There is no time limit for lack-of-notice rescission
Under INA § 240(b)(5)(C)(ii), a motion to rescind an in absentia order based on lack of notice may be filed at any time.
Question 5: In immigration court, who bears the burden of proof in a removal case where DHS alleges the respondent is removable?
- The respondent must prove they are admissible by clear and convincing evidence
- DHS must prove removability by clear and convincing evidence
- DHS must prove removability by a preponderance of the evidence (Correct answer)
- The burden is always on the respondent to prove lawful status
Correct answer: DHS must prove removability by a preponderance of the evidence
Under INA § 240(c)(3)(A), DHS bears the burden of proving removability by clear and convincing evidence when the respondent has been admitted.
Question 6: What does 'administrative closure' of an immigration case mean?
- The case is permanently terminated and the respondent receives a green card
- The case is temporarily removed from the active docket without a final decision (Correct answer)
- The immigration judge issues a final order granting relief
- The case is transferred to a federal district court
Correct answer: The case is temporarily removed from the active docket without a final decision
Administrative closure temporarily removes a case from the active docket, often pending action by another agency, without issuing a final order.
Question 7: When an immigration judge grants voluntary departure at the conclusion of removal proceedings, the maximum period allowed is:
- 30 days
- 60 days (Correct answer)
- 90 days
- 120 days
Correct answer: 60 days
Under INA § 240B(b)(2), voluntary departure granted at the conclusion of proceedings may not exceed 60 days.
IFS Immigration Court Procedures 2
What is the primary function of a Master Calendar Hearing in immigration court?