CIP Deportation & Removal Defense Flashcards
6 cards from real CIP practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 CIP Deportation & Removal Defense flashcards as text
Withholding of removal under INA § 241(b)(3) requires the applicant to establish which standard of fear of persecution?
Answer: Clear probability — more likely than not to be persecuted
Withholding of removal requires a 'clear probability' standard — more likely than not — which is a higher burden than the 10% well-founded fear standard required for asylum.
To qualify for protection under the Convention Against Torture (CAT), an applicant must demonstrate it is more likely than not they will be tortured by or with the acquiescence of:
Answer: A public official or person acting in an official capacity
CAT protection requires showing that torture would be carried out by or with the consent or acquiescence of a public official or other person acting in an official capacity.
Under INA § 208(a)(2)(B), asylum applications must generally be filed within how many days of the applicant's last arrival in the United States?
Answer: 365 days (1 year)
An asylum application must be filed within one year of the applicant's last arrival in the United States, subject to limited exceptions for changed or extraordinary circumstances.
After the BIA issues a final order of removal, judicial review is sought by filing a petition for review with:
Answer: U.S. Court of Appeals for the applicable circuit
Under INA § 242, petitions for review of BIA final orders are filed with the U.S. Court of Appeals for the circuit in which the immigration proceedings were held.
Voluntary departure, if granted at the conclusion of removal proceedings, allows a respondent to:
Answer: Leave the U.S. voluntarily at their own expense and avoid a formal order of removal
Voluntary departure allows the respondent to depart voluntarily at their own expense within a set period, avoiding the harsher immigration consequences of a formal removal order including multi-year reentry bars.
A Motion to Reopen removal proceedings filed with the immigration court must generally be filed within how many days of the final administrative order?
Answer: 90 days
Under 8 C.F.R. § 1003.23, a motion to reopen must generally be filed within 90 days of the entry of a final order of removal, subject to limited exceptions.