IFS Immigration Court Procedures 2

Question 1

What is the primary function of a Master Calendar Hearing in immigration court?

Accepted Answer

To schedule future hearings, accept pleadings, and address preliminary matters

Answer

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?

Accepted Answer

90 days

Answer

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?

Accepted Answer

Executive Office for Immigration Review (EOIR)

Answer

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An in absentia removal order may be rescinded if the respondent demonstrates they did not receive proper notice of the hearing and files a motion within:

Accepted Answer

There is no time limit for lack-of-notice rescission

Answer

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?

Accepted Answer

DHS must prove removability by a preponderance of the evidence

Answer

Under INA § 240(c)(3)(A), DHS bears the burden of proving removability by clear and convincing evidence when the respondent has been admitted.

(IFS) Immigration Forms Specialist Certified Practice Test

(IFS) Immigration Forms Specialist Certified Practice Test

IFS Immigration Court Procedures 2