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COMP 1 > Removal COMP 2 > Flashcards

Removal COMP 2 Flashcards

1
Q

Border Authority

A

If at the border or its functional equivalent, the SA is authorized to detain (seize temporarily) anyone crossing into the U.S., with no suspicion of wrongdoing, in order to determine whether that person may lawfully enter the country.

SA has the authority to inspect that alien and all related
documentation

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2
Q

Consensual encounter

A

With no suspicion:
- SA has the authority question that alien (or any person
believed to be an alien) about his right to be or remain in the U.S
- If the person wishes to end the encounter, the SA must honor that wish
- unlike the border scenario, the SA cannot demand documentation from the person, unless the SA has a reasonable suspicion to conduct an investigative detention.

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3
Q

Inspection

A

Foreign nationals must be inspected to determine if they are admissible into the US. USC do not go through inspection.

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4
Q

Examination

A

everyone goes through it when entering

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5
Q

Are USC’s required to carry proof of citizenship?

A

No.

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6
Q

If subject informs the SA that he is a USC and there is reason to believe that the person is not telling the truth

A
  • Continue questioning during a border detention or lawful Terry Stop.
  • Until SA concludes that the person is a USC or;
  • Until SA has probable cause to effect an arrest
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7
Q

Questioning Process:

What is the first question you must ask?

A

Of what country are you a citizen or national?

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8
Q

If subject informs the SA that he is a USC and the SA believes the person, then

A

questioning concerning immigration status ends

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9
Q

Are aliens required to have documentation on their person?

A

Yes.

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10
Q

What must you do before asking any questions?

A

Identify yourself. Name, agency

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11
Q

212 - inadmissible

A
  • Aliens present in the U.S. without being admitted or paroled may be charged as inadmissible
  • Aliens present in the US w/o admission
  • Applies to aliens arriving
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12
Q

Parole

A
  • Aliens may be paroled to enter into the US. Some reasons may include to face charges or to testify.
  • Parolee never get a stamp of admittance, never formally admitted (although they are here legally).
  • If the conditions of their parole are violated then they will be charged under 212, Inadmissibility.
  • Parole is available to allow an otherwise inadmissible alien at a port-of-entry, to come into the U.S.
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13
Q

237 - Admitted Removal

A
  • Lawfully admitted aliens falling within one or more classifications of removable aliens under
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14
Q

240 - Removal Proceeding

A
  • Hearing conducted by an Immigration Judge who decides inadmissibility/removability.
  • Aliens subject to removal will be detained, charged, and provided written notice to appear before the immigration judge
  • Authorized Immigration Officer files a “Notice to Appear” with the immigration court and NTA is given to the alien subject to removal.
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15
Q

Categories of aliens not entitled to an INA § 240 Removal Hearing are:

A
  • Stowaways
  • Aliens inadmissible based on national security grounds
  • Aliens subject to expedited removal
  • Visa Waiver Program participants
  • Certain aircraft and vessel crewmen
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16
Q

Visa Waiver Program

A
  • Can only stay for 90 days

- Country has to be on the Department of State list

17
Q

Voluntary departure

A

allows aliens subject to removal to depart at their own expense from the U.S. in lieu of being subject to proceedings under INA § 240.

  • If they re-enter they can’t be charged with re-entry because they left voluntarily.
  • The IJ gives the VD (voluntary departure)
  • Only can be given once
17
Q

Voluntary departure in lieu of proceedings

A

allows aliens subject to removal to depart at their own expense from the U.S. in lieu of being subject to proceedings under INA § 240.
- If they re-enter they can’t be charged with re-entry because they left voluntarily.

18
Q

Who is ineligible for Voluntary Departure?

A
  • Aggravated Felons

- Terrorists

19
Q

Expedited removal

A

Aliens arriving in US who are denied admission and parole because they are inadmissible as follows:

  • invalid or no travel documents
  • Fraud docs
  • paroled into US for prosecution
  • Misrepresenting themselves
20
Q

Who can take an LPR green card away?

A

Immigration Judge (IJ)

21
Q

Exceptions/Expedited Removal is not available to:

A
  • Aliens who intend to apply for asylum or fear of persecution
  • LPRs
  • Juveniles
  • Citizens and nationals of Cuba
  • Crewmen
  • Visa Waiver Program applicants
  • Members of the class action settlement in American Baptist Churches v. Thornburgh (ABC)
22
Q

Reinstatement of prior removal order

A

– An immigration officer can reinstate a prior removal order when an alien illegally reenters the U.S. after having been removed, or after having departed voluntarily, under an order of exclusion or removal.

23
Q

Judicial removal

A

This provision provides for the issuance of an order of removal by a U.S. district court judge

24
Q

Removal of distressed aliens

A

An indigent alien may be removed after having fallen into “distress,” if his formal application pursuant to INA § 250 is granted.
- gets a free ride back

25
Q

Forms of relief from removal available to aliens

A
  • A grant of voluntary departure
  • Cancellation of removal for LPRs
  • Cancellation of Removal for non-permanent residents
  • Asylum granted
  • Adjustment of Status
26
Q

If inadmissible due to security grounds then

A

Security related grounds must be coordinated with HQ National Security Law Division

27
Q

An alien is inadmissible on criminal and related

grounds when

A
  • Conviction or Commission of Crime involving Moral Turpitude
    (CIMT)
  • Controlled Substance Violation
  • Two or More Convictions
28
Q

Crime Involving Moral Turpitude (CIMT)

A

Alien is convicted of or alien admits to acts that constitute the
following crimes listed in CIMT
- One conviction needed (unless petty for 212)
- CIMT is an additional charge to stack on top of the EWI or similar.

29
Q

CIMT exceptions - Petty offense exception only applies to 212

A
  • Purely political
  • Youthful offender: Alien committed crime while under 18 and crime was committed (and released from confinement) more than 5 years before the date of application for a visa and date of application for admission
  • Petty Offense: Max sentence for the crime must be 365 days or less, 1 time conviction, and they were not sentenced to a term of imprisonment in excess of 6 moths.
30
Q

Multiple Criminal Convictions (212)

A

Two or more convictions (except purely political offenses) and aggregate sentences were five years or more (can be from one scheme and from one trial)
- Cannot combine concurrent sentences to reach the five year or more threshold.

31
Q

When an alien is admitted in error is it still an admission for purpose of 237?

A

Yes. 237 would apply here.

32
Q

Adam Alien was in the U.S. as a lawfully admitted F-1 student when he was arrested for being under the influence of alcohol in public. A HSI SA encountered Adam in jail where he was serving a 48-hour sentence during the school’s Christmas vacation. During the interview, he related that alcohol is not a problem for him, though before ever coming to the U.S. he did have a conviction in his home country for being under the influence of cocaine.

Was Adam Alien inadmissible at the time of his admission as a F-1?
What can he be charged with?

A

Yes, 237 A1A: Inadmissible at time of admission

- Can’t charge 212 because they were admitted, even though they should have never been admitted.

33
Q

What if Adam Alien had made a false claim to U.S. citizenship during the examination process and was permitted to enter as such?

A

He would be charged under 212 because USC do not get admitted (they don’t go through inspection) thus Adam was never “admitted”

34
Q

Criminal Offenses– Crimes of Moral Turpitude (CIMT), Single Conviction [INA § 237(a)(2)(A)(i)]

A
  • Alien is removable if convicted of a CIMT
  • if committed within 5 years of the date of admission (or 10 years in the case of an alien provided lawful permanent resident status under INA § 245(j) (through an S visa)); [date crime committed, not date of conviction] and
  • where a sentence of one year or more may be imposed (regardless of time served).

COMP 1 (7 decks)

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