IFS Immigration Court Procedures 5

Question 1

Which standard of proof applies when an asylum applicant must demonstrate a 'well-founded fear' of persecution?

Accepted Answer

Reasonable possibility (at least a 10% chance of persecution)

Answer

The Supreme Court held in INS v. Cardoza-Fonseca that a well-founded fear requires only a reasonable possibility of persecution, approximately 10% or more.

Question 2

A 'one-year filing deadline' applies in immigration court to which type of application?

Accepted Answer

Asylum applications, which must be filed within one year of arriving in the U.S.

Answer

Under INA § 208(a)(2)(B), an alien must apply for asylum within one year of their last arrival in the United States, subject to limited exceptions.

Question 3

Under 8 C.F.R. § 1240.10, if a respondent fails to appear for a removal hearing after proper notice, the immigration judge may:

Accepted Answer

Order the respondent removed in absentia

Answer

If a respondent fails to appear after receiving proper notice, the immigration judge may order removal in absentia under INA § 240(b)(5).

Question 4

What is the significance of 'cancellation of removal' for a lawful permanent resident (LPR) in removal proceedings?

Accepted Answer

It cancels the NTA and restores LPR status if the alien has 5 years of LPR status and 7 years of continuous residence, and has not been convicted of an aggravated felony

Answer

Under INA § 240A(a), LPR cancellation requires 5 years of LPR status, 7 years of continuous residence, and no aggravated felony conviction.

Question 5

When a detained alien requests a bond redetermination before an immigration judge, the alien bears the burden of demonstrating:

Accepted Answer

That they are not a flight risk and not a danger to the community

Answer

The alien bears the burden at a bond hearing of showing they are neither a danger to the community nor a flight risk to justify a lower bond or release.

(IFS) Immigration Forms Specialist Certified Practice Test

(IFS) Immigration Forms Specialist Certified Practice Test

IFS Immigration Court Procedures 5