Relief from Removal Flashcards
If subject to inadmissibility, noncitizen must ___
prove admissible under 212
If subject to deportability, noncitizen must __
prove removability under 237
If seeking relief from removal, noncitizen must ___
prove eligibility and entitlement
Part A cancellation is for ___
LPRs
Part A is mostly used for ___
criminal grounds because have to have status to use it
Part A turns on ___
favorable discretion from IJ
Part A requires proof of ___
remorse and rehabilitation
You can only receive Part A ___
one time
Part A is limited to ___
4K grants per year
Part A remedy
keep LPR status
Part A eligibility requirements
- LPR not less than 5 years at time of removal
- 7 years continuous residence since admitted
- not convicted of ag fel
LPRs may become eligible for Part A ___
during proceedings (while waiting for BIA appeal)
What breaks continuous residence for Part A and B?
- complete NTA
- commission of criminal offense
- departure over 90 days
- total time outside country over 180 days
For Part A, a noncitizen must prove not convicted of ag fel even ___
if statute of conviction unclear (Pereida)
What is a complete NTA?
time and place of removal proceeding
Under ___, NTA doesn’t stop clock if incomplete
Pereida
Nia-Chavez held that ICE cannot __
issue one NTA with grounds and then subsequent one with time/place to stop the clock
Under Barton, stopping the clock for Part A depends on ___
when crime committed not when convicted
When is Part B used
no status and charged with immigration violations
Part B remedy
LPR status granted
Part B turns on __
discretion of IJ
Part B has a cap of ___
4K per year
Part B eligibility requirements
- 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
Factors in favor of extreme and unusual hardship
- 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
Good moral character is defined by ___
101(f)
Good moral character can __
go beyond what is listed in 101(f)
You definitely don’t have good moral character if __
ag fel
Adjustment of status as removal relief means __
treated as if seeking admission BUT visa must be immediately available
Adjustment of status as relief is subject to __
IJ discretion and not reviewable by federal courts
Over what things does DHS have prosecutorial discretion
- parole
- commence/pursue removal proceedings
- Cancel NTA before jdx with IJ
- deferred action
- extended voluntary departure
Deferred action cannot __
resolve underlying imm status
Deferred action is based on __
resource constraints and humanitarian considerations
What is deferred action
suspend taking action against individual/group for specific timeframe
What is extended voluntary departure
blanket relief from removal to particular countries
DACA involves ___ and grants ____
2 year period of deferred action that can be renewed, work authorization
Basic eligibility for DACA
- came to US before 16
- continuously present
- stay out of trouble
Under US v Texas, current DACA _______ but ___
keep and renew, no new apps
what is voluntary departure
allows to leave without removal order so not subject to bars of inadmissibility later
Requirements for voluntary departure
- 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
What are ways to get relief from removal and gain entry?
- Asylum
- CAT
- Part B
To be an ag fel, theft requires ___
actual sentence of more than one year
In Pereida, due to subsections of Nebraska statute a person could ___
violate it without committing fraud so Pereida had to prove convicted under that particular subsection
Removal process is the same whether ___
under 212 or 237
The majority of removals happen __
at border without IJ
Circuit courts cannot ___
grant imm decision (remand to BIA)
If fail to appear at removal proceeding then __
IJ must order removed
Exceptions to failure to show at removal
- can show exceptional circumstances
- didn’t receive notion
- in custody
Due process rights in removal
- 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
At first master calendar hearing IJ must __-
- give opp to find counsel
- explain rights, charges, nature of proceeding
IJ need not continuously ___
grant continuances to find counsel
Noncitizens can file motion to reopen __
based on previously unavailable evidence
Federal courts can review BIA decision to ___
deny motion to reopen
Limits to judicial review of IJ relief
cannot review discretionary denials of relief
cannot review if found removable based on certain crimes
What is administrative removal
noncitizen that is not LPR convicted of ag fel
Entitlements at admin removal
- 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
What is reinstatement of removal
previously removed noncitizen removed for second time without new hearing
reinstatement of removal is not ___
reviewable by Ij
reinstatement of removal is ineligible for all forms of relief except ___
- witholding of removal
-CAT
