IFS Immigration Court Procedures 4 — Questions and Answers
Question 1: Which form is used by a respondent to formally request a bond hearing before an immigration judge?
- Form EOIR-26
- Form I-246
- Form EOIR-43
- No specific form is required; an oral motion suffices (Correct answer)
Correct answer: No specific form is required; an oral motion suffices
Bond redetermination requests are typically made by oral motion or written motion to the court; there is no single mandatory form.
Question 2: Under the Lozada requirements, an ineffective assistance of counsel claim in immigration proceedings requires the respondent to:
- File a bar complaint against former counsel before raising the claim
- Submit an affidavit detailing the agreement with former counsel, notify former counsel, and file a bar complaint (Correct answer)
- Show that the attorney was not licensed to practice law
- Prove actual prejudice only, without notifying former counsel
Correct answer: Submit an affidavit detailing the agreement with former counsel, notify former counsel, and file a bar complaint
Matter of Lozada requires an affidavit describing the agreement with counsel, notification to former counsel to respond, and evidence that a bar complaint was filed.
Question 3: What does 'withholding of removal' protect a respondent from, compared to asylum?
- Withholding protects only from deportation to the specific country of harm, while asylum is country-neutral protection (Correct answer)
- Withholding provides a path to permanent residence; asylum does not
- Withholding covers a broader set of protected grounds than asylum
- Withholding and asylum provide identical protections under U.S. law
Correct answer: Withholding protects only from deportation to the specific country of harm, while asylum is country-neutral protection
Withholding of removal bars removal only to the specific country of persecution but does not confer permanent status or a path to a green card.
Question 4: When an immigration judge issues a decision orally at the conclusion of a hearing, the respondent's appeal period to the BIA typically begins:
- When the written decision is mailed to the respondent
- When the oral decision is rendered from the bench (Correct answer)
- 30 days after the hearing date regardless of when notice is received
- When the respondent's attorney files a notice of entry of appearance at the BIA
Correct answer: When the oral decision is rendered from the bench
For in-court oral decisions, the 30-day appeal period to the BIA begins on the date the decision is rendered.
Question 5: Form EOIR-26 is used to:
- Request a continuance in immigration court
- File a notice of appeal with the Board of Immigration Appeals (Correct answer)
- Enter an appearance as counsel before the immigration court
- Request voluntary departure before an immigration judge
Correct answer: File a notice of appeal with the Board of Immigration Appeals
Form EOIR-26 is the Notice of Appeal from a Decision of an Immigration Judge, filed with the BIA.
Question 6: In a withholding-only proceeding, the immigration court's jurisdiction is limited because:
- The respondent has already been ordered removed and is challenging only the country of removal (Correct answer)
- USCIS retains exclusive jurisdiction over all withholding claims
- The respondent arrived at a port of entry and is subject to expedited removal
- The immigration judge can only hear cases referred by a federal district court
Correct answer: The respondent has already been ordered removed and is challenging only the country of removal
A withholding-only hearing occurs after a final removal order exists; the judge can only determine whether removal to a specific country is barred, not whether the person is removable.
Question 7: How many days does a respondent generally have to file a brief with the BIA after filing Form EOIR-26?
- 21 days
- 30 days
- 45 days
- The BIA sets a briefing schedule after docketing the appeal (Correct answer)
Correct answer: The BIA sets a briefing schedule after docketing the appeal
After the EOIR-26 is filed, the BIA issues a briefing schedule specifying the deadline, which is typically 21 days after the transcript is filed.
IFS Immigration Court Procedures 4
Which form is used by a respondent to formally request a bond hearing before an immigration judge?