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Immigration Law > Relief from Removal > Flashcards

Relief from Removal Flashcards

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1
Q

If subject to inadmissibility, noncitizen must ___

A

prove admissible under 212

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2
Q

If subject to deportability, noncitizen must __

A

prove removability under 237

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3
Q

If seeking relief from removal, noncitizen must ___

A

prove eligibility and entitlement

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4
Q

Part A cancellation is for ___

A

LPRs

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5
Q

Part A is mostly used for ___

A

criminal grounds because have to have status to use it

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6
Q

Part A turns on ___

A

favorable discretion from IJ

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7
Q

Part A requires proof of ___

A

remorse and rehabilitation

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8
Q

You can only receive Part A ___

A

one time

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9
Q

Part A is limited to ___

A

4K grants per year

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10
Q

Part A remedy

A

keep LPR status

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11
Q

Part A eligibility requirements

A
  • LPR not less than 5 years at time of removal
  • 7 years continuous residence since admitted
  • not convicted of ag fel
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12
Q

LPRs may become eligible for Part A ___

A

during proceedings (while waiting for BIA appeal)

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13
Q

What breaks continuous residence for Part A and B?

A
  • complete NTA
  • commission of criminal offense
  • departure over 90 days
  • total time outside country over 180 days
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14
Q

For Part A, a noncitizen must prove not convicted of ag fel even ___

A

if statute of conviction unclear (Pereida)

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15
Q

What is a complete NTA?

A

time and place of removal proceeding

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16
Q

Under ___, NTA doesn’t stop clock if incomplete

A

Pereida

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17
Q

Nia-Chavez held that ICE cannot __

A

issue one NTA with grounds and then subsequent one with time/place to stop the clock

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18
Q

Under Barton, stopping the clock for Part A depends on ___

A

when crime committed not when convicted

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19
Q

When is Part B used

A

no status and charged with immigration violations

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20
Q

Part B remedy

A

LPR status granted

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21
Q

Part B turns on __

A

discretion of IJ

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22
Q

Part B has a cap of ___

A

4K per year

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23
Q

Part B eligibility requirements

A
  • 10 years continuous presence prior to NTA
  • extreme and exceptionally unusual hardship to qualifying family members that are LPRs or USCs
  • Good moral character
  • Not convicted under inadmissible/deportation criminal grounds or falsification of documents
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24
Q

Factors in favor of extreme and unusual hardship

A
  • no family in country would be deported to
  • USC child medical condition couldn’t get treatment for if deported
  • no father in picture, kids entirely dependent
25
Q

Good moral character is defined by ___

A

101(f)

26
Q

Good moral character can __

A

go beyond what is listed in 101(f)

27
Q

You definitely don’t have good moral character if __

A

ag fel

28
Q

Adjustment of status as removal relief means __

A

treated as if seeking admission BUT visa must be immediately available

29
Q

Adjustment of status as relief is subject to __

A

IJ discretion and not reviewable by federal courts

30
Q

Over what things does DHS have prosecutorial discretion

A
  • parole
  • commence/pursue removal proceedings
  • Cancel NTA before jdx with IJ
  • deferred action
  • extended voluntary departure
31
Q

Deferred action cannot __

A

resolve underlying imm status

32
Q

Deferred action is based on __

A

resource constraints and humanitarian considerations

33
Q

What is deferred action

A

suspend taking action against individual/group for specific timeframe

34
Q

What is extended voluntary departure

A

blanket relief from removal to particular countries

35
Q

DACA involves ___ and grants ____

A

2 year period of deferred action that can be renewed, work authorization

36
Q

Basic eligibility for DACA

A
  • came to US before 16
  • continuously present
  • stay out of trouble
37
Q

Under US v Texas, current DACA _______ but ___

A

keep and renew, no new apps

38
Q

what is voluntary departure

A

allows to leave without removal order so not subject to bars of inadmissibility later

39
Q

Requirements for voluntary departure

A
  • removable with no other forms of relief
  • Moral character up to 5 years prior (no ag fel)
  • able to pay to leave
  • 1 year physical presence
40
Q

What are ways to get relief from removal and gain entry?

A
  • Asylum
  • CAT
  • Part B
41
Q

To be an ag fel, theft requires ___

A

actual sentence of more than one year

42
Q

In Pereida, due to subsections of Nebraska statute a person could ___

A

violate it without committing fraud so Pereida had to prove convicted under that particular subsection

43
Q

Removal process is the same whether ___

A

under 212 or 237

44
Q

The majority of removals happen __

A

at border without IJ

45
Q

Circuit courts cannot ___

A

grant imm decision (remand to BIA)

46
Q

If fail to appear at removal proceeding then __

A

IJ must order removed

47
Q

Exceptions to failure to show at removal

A
  • can show exceptional circumstances
  • didn’t receive notion
  • in custody
48
Q

Due process rights in removal

A
  • given list of free/low cost legal providers
  • attorney not at expense
  • present evidence on own behalf
  • opp to reasonably examine and object to evidence against
  • appeal to BIA
49
Q

At first master calendar hearing IJ must __-

A
  • give opp to find counsel
  • explain rights, charges, nature of proceeding
50
Q

IJ need not continuously ___

A

grant continuances to find counsel

51
Q

Noncitizens can file motion to reopen __

A

based on previously unavailable evidence

52
Q

Federal courts can review BIA decision to ___

A

deny motion to reopen

53
Q

Limits to judicial review of IJ relief

A

cannot review discretionary denials of relief
cannot review if found removable based on certain crimes

54
Q

What is administrative removal

A

noncitizen that is not LPR convicted of ag fel

55
Q

Entitlements at admin removal

A
  • reasonable notice of charges
  • opp to inspect evidence and rebut
  • record of proceedings
  • counsel at no expense
  • determination they are person named in the notice
56
Q

What is reinstatement of removal

A

previously removed noncitizen removed for second time without new hearing

57
Q

reinstatement of removal is not ___

A

reviewable by Ij

58
Q

reinstatement of removal is ineligible for all forms of relief except ___

A
  • witholding of removal
    -CAT

Immigration Law (14 decks)

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