CIP CIP Deportation & Removal Defense

Question 1

Removal proceedings are formally initiated when DHS files which document with the immigration court?

Accepted Answer

Notice to Appear (Form I-862)

Answer

The Notice to Appear (NTA), Form I-862, is the charging document that initiates removal proceedings by alleging factual allegations and charges of removability against the respondent.

Question 2

U.S. immigration courts (Executive Office for Immigration Review) fall under the jurisdiction of which federal department?

Accepted Answer

Department of Justice

Answer

Immigration courts are part of the Executive Office for Immigration Review (EOIR) within the Department of Justice, separate from DHS enforcement agencies like ICE and CBP.

Question 3

The first hearing in removal proceedings where the respondent admits or denies the factual allegations in the Notice to Appear is called a:

Accepted Answer

Master calendar hearing

Answer

The master calendar hearing is the first scheduled appearance before an immigration judge where the respondent enters pleadings and the judge schedules future proceedings.

Question 4

If a respondent fails to appear at a scheduled removal hearing without good cause after receiving proper notice, the immigration judge may:

Accepted Answer

Issue an in absentia order of removal

Answer

Under INA § 240(b)(5), if a respondent fails to appear after proper notice, the immigration judge may order removal in absentia based on the government's evidence.

Question 5

Form EOIR-42B is used to apply for which form of relief from removal?

Accepted Answer

Cancellation of removal for non-permanent residents

Answer

Form EOIR-42B is the application for cancellation of removal for non-permanent residents, requiring 10 years of continuous physical presence and exceptional hardship to a qualifying U.S. citizen or LPR family member.

CIP - Certified Immigration Paralegal Practice Test

CIP - Certified Immigration Paralegal Practice Test

CIP CIP Deportation & Removal Defense