CIP CIP Deportation & Removal Defense 1 — Questions and Answers
Question 1: Removal proceedings are formally initiated when DHS files which document with the immigration court?
- Form I-589 (asylum application)
- Notice to Appear (Form I-862) (Correct answer)
- Form I-290B (appeal notice)
- Form I-213 (record of deportable alien)
Correct answer: Notice to Appear (Form I-862)
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?
- Department of Homeland Security
- Department of State
- Department of Justice (Correct answer)
- Department of Labor
Correct answer: Department of Justice
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:
- Master calendar hearing (Correct answer)
- Individual merits hearing
- Bond redetermination hearing
- Credible fear interview
Correct answer: Master calendar hearing
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:
- Automatically reschedule the hearing once
- Issue an in absentia order of removal (Correct answer)
- Dismiss the proceedings without prejudice
- Refer the matter to federal district court
Correct answer: Issue an in absentia order of removal
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?
- Cancellation of removal for lawful permanent residents
- Cancellation of removal for non-permanent residents (Correct answer)
- Asylum and withholding of removal
- Deferral of removal under CAT
Correct answer: Cancellation of removal for non-permanent residents
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.
Question 6: After an immigration judge issues a final decision, how many calendar days does a party generally have to appeal to the Board of Immigration Appeals (BIA)?
- 10 days
- 30 days (Correct answer)
- 60 days
- 90 days
Correct answer: 30 days
A notice of appeal to the BIA must be filed within 30 calendar days of the immigration judge's oral decision or mailing of a written decision, or the decision becomes final.
CIP CIP Deportation & Removal Defense 1
Removal proceedings are formally initiated when DHS files which document with the immigration court?