IFS Immigration Court Procedures 3 — Questions and Answers
Question 1: Which document officially initiates removal proceedings in immigration court?
- Form I-485 (Application to Register Permanent Residence)
- Notice to Appear (Form I-862) (Correct answer)
- Order of Supervision (Form I-220B)
- Warrant of Removal (Form I-205)
Correct answer: Notice to Appear (Form I-862)
The Notice to Appear (NTA), Form I-862, is the charging document issued by DHS that commences removal proceedings.
Question 2: The Board of Immigration Appeals (BIA) must generally decide an appeal within what timeframe under its own operating procedures?
- 90 days
- 180 days
- One year
- The BIA has no mandatory decision deadline (Correct answer)
Correct answer: The BIA has no mandatory decision deadline
While EOIR tracks case completion goals, the BIA has no statutory or regulatory hard deadline that mandates appeal resolution within a set period.
Question 3: A respondent in removal proceedings who disagrees with an immigration judge's denial of their asylum claim may appeal to the:
- Federal district court in their jurisdiction
- Board of Immigration Appeals (BIA) (Correct answer)
- U.S. Court of Appeals for the relevant circuit
- USCIS Appeals Office
Correct answer: Board of Immigration Appeals (BIA)
The first level of appellate review of an immigration judge's decision is the Board of Immigration Appeals (BIA).
Question 4: Under the 'firm resettlement' bar, asylum is unavailable to an applicant who was:
- Previously denied asylum by USCIS before referral to immigration court
- Firmly resettled in a third country before arriving in the United States (Correct answer)
- Removed from the United States within the past five years
- Previously granted withholding of removal rather than asylum
Correct answer: Firmly resettled in a third country before arriving in the United States
Under INA § 208(b)(2)(A)(vi), an alien who was firmly resettled in a third country before arriving in the U.S. is barred from asylum.
Question 5: What is the role of the DHS attorney (ICE trial attorney) in immigration court proceedings?
- To represent the respondent at no cost if they cannot afford counsel
- To act as a neutral fact-finder alongside the immigration judge
- To represent the government and argue for enforcement of immigration laws (Correct answer)
- To translate documents for non-English-speaking respondents
Correct answer: To represent the government and argue for enforcement of immigration laws
ICE trial attorneys represent the Department of Homeland Security and advocate for the government's position in removal proceedings.
Question 6: A motion to reconsider an immigration judge's decision must be filed within:
- 15 days of the decision
- 30 days of the decision (Correct answer)
- 45 days of the decision
- 60 days of the decision
Correct answer: 30 days of the decision
Under 8 C.F.R. § 1003.23(b)(1), a motion to reconsider must be filed within 30 days of the entry of a final order.
Question 7: In immigration court, an unrepresented respondent is referred to as:
- A pro se respondent (Correct answer)
- An in forma pauperis petitioner
- A public charge respondent
- A designated alien applicant
Correct answer: A pro se respondent
A respondent who appears without an attorney is described as 'pro se,' a Latin term meaning 'for oneself.'
IFS Immigration Court Procedures 3
Which document officially initiates removal proceedings in immigration court?