IFS Immigration Court Procedures 3

Question 1

Which document officially initiates removal proceedings in immigration court?

Accepted Answer

Notice to Appear (Form I-862)

Answer

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?

Accepted Answer

The BIA has no mandatory decision deadline

Answer

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:

Accepted Answer

Board of Immigration Appeals (BIA)

Answer

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:

Accepted Answer

Firmly resettled in a third country before arriving in the United States

Answer

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?

Accepted Answer

To represent the government and argue for enforcement of immigration laws

Answer

ICE trial attorneys represent the Department of Homeland Security and advocate for the government's position in removal proceedings.

(IFS) Immigration Forms Specialist Certified Practice Test