Deportation & Removal Defense Flashcards

After an Immigration Judge issues a removal order, what is the first administrative appellate body a respondent may appeal to?

Answer: Board of Immigration Appeals (BIA)

The Board of Immigration Appeals (BIA) is the highest administrative appellate body within EOIR and is the first body that reviews decisions of Immigration Judges.

A motion to reopen removal proceedings must generally be filed within how many days of entry of a final administrative order of removal?

Answer: 90 days

Under 8 CFR § 1003.23(b)(1), a motion to reopen before the Immigration Judge must be filed within 90 days of the final order of removal, absent an exception.

After exhausting administrative remedies at the BIA, a noncitizen seeking federal judicial review of a removal order must file a:

Answer: Petition for Review with the appropriate U.S. Court of Appeals

Under INA § 242, the exclusive means of judicial review of a final order of removal is a Petition for Review filed in the U.S. Court of Appeals for the circuit where the Immigration Judge conducted proceedings.

What is the primary legal distinction between a motion to reopen and a motion to reconsider in removal proceedings?

Answer: A motion to reopen presents new facts or evidence; a motion to reconsider asserts errors of law or fact in the prior decision

A motion to reopen is based on new facts or evidence not previously available, while a motion to reconsider argues that the prior decision contained legal or factual errors based on the existing record.

Under the Supreme Court's ruling in Zadvydas v. Davis (2001), how long may the government presumptively detain a noncitizen with a final removal order when removal is not reasonably foreseeable?

Answer: Six months presumptively, after which continued detention requires justification

In Zadvydas v. Davis, the Supreme Court held that the post-removal-order detention statute authorizes detention for a presumptively reasonable period of six months; beyond that, continued detention must be justified.

Which procedural doctrine bars a federal court from reviewing an immigration issue that was not first raised before the Immigration Judge or the BIA?

Answer: The exhaustion of administrative remedies requirement

Under INA § 242(d)(1), a noncitizen may seek judicial review only if they have exhausted all administrative remedies available as of right, including raising issues before the BIA.

When an Immigration Judge grants voluntary departure in lieu of removal, what is the consequence if the noncitizen fails to depart within the granted period?

Answer: The voluntary departure order converts to a removal order and the noncitizen accrues a 10-year bar on certain forms of relief

Under INA § 240B(d), failure to depart within the voluntary departure period results in the order automatically converting to a removal order and a civil penalty, and INA § 240B(d)(1)(B) imposes a 10-year bar on certain forms of relief.