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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.

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

    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.

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

    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.

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

    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.

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

    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.

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

    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.

  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)?

    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.