CIA Deportation & Removal Defense 1 — Questions and Answers
Question 1: Which document formally initiates removal proceedings against a noncitizen in the United States?
- Form I-485 (Application to Register Permanent Residence)
- Notice to Appear (NTA) (Correct answer)
- Order of Supervision
- Form I-94 (Arrival/Departure Record)
Correct answer: Notice to Appear (NTA)
The Notice to Appear (NTA) is the charging document issued under INA § 239 that formally commences removal proceedings before an Immigration Judge.
Question 2: Which agency has primary jurisdiction over immigration removal proceedings in the United States?
- U.S. Citizenship and Immigration Services (USCIS)
- U.S. Customs and Border Protection (CBP)
- Executive Office for Immigration Review (EOIR) (Correct answer)
- U.S. Department of State
Correct answer: Executive Office for Immigration Review (EOIR)
The Executive Office for Immigration Review (EOIR), which includes the Immigration Courts and the Board of Immigration Appeals, has jurisdiction over removal proceedings.
Question 3: Under INA § 237, which of the following is a ground of deportability for a lawful permanent resident?
- Entering the U.S. without inspection
- Conviction of an aggravated felony after admission (Correct answer)
- Overstaying a tourist visa prior to obtaining LPR status
- Working without authorization before obtaining LPR status
Correct answer: Conviction of an aggravated felony after admission
Under INA § 237(a)(2)(A)(iii), a lawful permanent resident who is convicted of an aggravated felony at any time after admission is deportable.
Question 4: What is the government's burden of proof to establish that a noncitizen is removable in immigration proceedings?
- Beyond a reasonable doubt
- Preponderance of the evidence (Correct answer)
- Clear and convincing evidence
- Substantial evidence
Correct answer: Preponderance of the evidence
The government must establish removability by a preponderance of the evidence, meaning it is more likely than not that the ground of removability exists.
Question 5: Which form does a lawful permanent resident use to apply for cancellation of removal before an Immigration Judge?
- Form EOIR-42A (Correct answer)
- Form I-485
- Form EOIR-42B
- Form I-751
Correct answer: Form EOIR-42A
Form EOIR-42A (Application for Cancellation of Removal for Certain Permanent Residents) is used by LPRs seeking cancellation of removal in Immigration Court.
Question 6: What is the maximum period of voluntary departure an Immigration Judge may grant at the conclusion of removal proceedings?
- 30 days
- 60 days (Correct answer)
- 90 days
- 120 days
Correct answer: 60 days
Under INA § 240B(b)(2), an Immigration Judge may grant up to 60 days of voluntary departure at the conclusion of removal proceedings.
Question 7: Which of the following offenses is classified as an 'aggravated felony' under the Immigration and Nationality Act?
- Simple assault resulting in no injury
- Minor traffic violations
- Drug trafficking offenses (Correct answer)
- Petty theft of property valued under $500
Correct answer: Drug trafficking offenses
Under INA § 101(a)(43)(B), drug trafficking crimes are classified as aggravated felonies, triggering severe immigration consequences including mandatory removal.
CIA Deportation & Removal Defense 1
Which document formally initiates removal proceedings against a noncitizen in the United States?