Removal Law Overview

Question 1

Individuals paroled into the US are considered _________

Answer 1

• arriving aliens

Question 2

ina 212

Answer 2

• individuals not inspected

- ex: person has a US passport

Question 3

ina 237

Answer 3

• examined, inspected, admitted

Question 4

in removal proceedings, it is the _________ burden to show that an alien is not a US citizen in REMOVAL PROCEEDINGS

Answer 4

• government

Question 5

if the alien claims to be a LPR but does not have documentation, what do you do?

Answer 5

• call LESC for a record check

Question 6

aliens present in the US without being paroled or admitted may be charged as inadmissible under _____`

Answer 6

• INA 212

Question 7

ARRIVING aliens may be charged as INADMISSIBLE under

Answer 7

• INA 212

Question 8

lawfully admitted aliens falling within one or more classifications of removable aliens under

Answer 8

• INA 237

Question 9

what violation is a person who is paroled into the US charged with?

Answer 9

• INA 212, because he wasn’t inspected

Question 10

INA (8 USC 1357) (a)(2)

Answer 10

• the right to arrest an alien in violation of immigration laws

Question 11

categories of aliens not entitled to a removal hearing:

Answer 11

• stowaways
• terrorists
• aliens subjected to ER
• VWP participants
• crewmen

Question 12

aliens must prove “________” that they are entitled to admission.

Answer 12

• “clearly and beyond doubt”

Question 13

government must provide “_________” evidence that alien is removable as charged.

Answer 13

• “clear and convincing”

Question 14

relief from removal

Answer 14

• requires filing of an application and hearing.

- alien must prove by preponderance of the evidence that he is entitled to relief from removal

Question 15

what happens when alien is ordered removed:

Answer 15

• IJ issues removal order
• IJ grants alien voluntary departure
• IJ grants some other form of relief based on aliens application
• USCIS may grant a benefit that result in termination such as a U Visa or T Visa.

Question 16

when is an ER generally done?

Answer 16

• when the alien doesn’t have proper docs.

Question 17

Voluntary departure is not available to:

Answer 17

• agg felons
• terrorists
• inadmissible aliens previously afforded voluntary departure.

Question 18

voluntary return:

Answer 18

• a form of voluntary departure utilized along land borders (mex/can) where illegals are returned to their country within hours.

Question 19

ER is not available to:

Answer 19

• asylum or fear of persecution
• LPR’s
• juvi’s
• citizens and nationals of CUBA
• crewmen
• VWP applicants

Question 20

ER vs. VR

Answer 20

• ER is a true removal order which can support a 1326, re-entry after removal.

Question 21

reinstate

Answer 21

• when an immigration officer reinstates a prior removal order when an alien illegally reenters the US after having been removed, or after having departed voluntarily

Question 22

administrative removal without a hearing:

Answer 22

• applies to aliens who have been convicted of a crime (agg felon), and who did not have permanent resident status or only had LPR status on a conditional basis.

Question 23

judicial removal

Answer 23

• the issuance of an order of removal by a US district court judge.

Question 24

forms of relief available to aliens:

Answer 24

• discretionary relief
• asylum
• adjustment of status
• administrative and judicial relief

Question 25

discretionary relief:

Answer 25

• IJ cancels removal and grants voluntary departure

Question 26

asylum:

Answer 26

• asylum to aliens who qualify as a refugee

Question 27

administrative and judicial relief:

Answer 27

• alien can file and admin appeal

- alien can file a judicial appeal