Immigration Laws & Regulations Flashcards

Under INA § 240A(b), what minimum period of continuous physical presence in the US must a non-LPR demonstrate to qualify for cancellation of removal?

Answer: 10 years

Non-LPR cancellation of removal under INA § 240A(b)(1)(A) requires at least 10 years of continuous physical presence in the US prior to the issuance of the Notice to Appear.

Under the 'stop-time rule' in INA § 240A(d), continuous residence or physical presence for cancellation of removal purposes stops accruing upon which event?

Answer: Service of a Notice to Appear (NTA) on the alien

The stop-time rule under INA § 240A(d)(1) provides that continuous residence or presence stops on the date the alien is served with an NTA commencing removal proceedings.

Voluntary departure under INA § 240B allows a noncitizen to avoid which consequence of a formal removal order?

Answer: The statutory bar on reentry and the permanent record of a removal order

Voluntary departure avoids the 10-year (or permanent) reentry bar triggered by a formal removal order and leaves no removal order on the alien's immigration record.

To qualify for protection under the Convention Against Torture (CAT), an applicant must show what?

Answer: That it is more likely than not they will be tortured by or with the acquiescence of a public official

CAT protection requires a showing that it is more likely than not the applicant would be tortured if returned, with government involvement or acquiescence—no nexus to a protected ground is required.

Expedited removal under INA § 235(b)(1) may be applied to which category of arriving aliens?

Answer: Aliens who are inadmissible under INA § 212(a)(6)(C) or § 212(a)(7) at a port of entry

Expedited removal applies to aliens arriving at ports of entry who are found inadmissible for misrepresentation (§ 212(a)(6)(C)) or lack of valid documents (§ 212(a)(7)), with no right to an immigration judge hearing.

Under INA § 240(b)(5), what must be established to enter an in absentia removal order against a noncitizen who fails to appear?

Answer: Written notice of the hearing was provided and the alien is removable

An in absentia order requires that the alien received written notice of the hearing (in person or by mail) and that the government establishes removability by clear, unequivocal, and convincing evidence.

The REAL ID Act of 2005 significantly changed asylum law by establishing what standard for credibility determinations?

Answer: A totality-of-the-circumstances standard allowing IJs to consider any relevant factor

The REAL ID Act amended INA § 208(b)(1)(B)(iii) to allow IJs to base adverse credibility findings on any relevant inconsistency or implausibility, using a totality-of-the-circumstances approach.