Immigration Law Quiz

Which charging document formally begins removal proceedings before EOIR?

• Form I-281 (Notice of Custody Determination)

• Form I-213 (Record of Deportable/Inadmissible Alien)

• Form I-862 (Notice to Appear)

• Form I-765 (Application for Employment Authorization)

• Form G-28 (Notice of Entry of Appearance)

At a master-calendar hearing, the immigration judge will NOT ordinarily:

• Take pleadings to the allegations and charges

• Consider detailed testimony and documentary exhibits

• Advise the respondent of available relief

• Set deadlines for filing applications

• Schedule the individual merits hearing

Under INA §240(b)(4)(B), the burden of proof in a defensive asylum claim at an individual merits hearing rests on the:

• Department of Homeland Security

• Immigration Judge

• Respondent

• Board of Immigration Appeals

• Circuit Court of Appeals

Which of the following crimes is categorically a “particularly serious crime,” barring asylum and withholding, under 8 C.F.R. § 1208.13(c)?

• Simple battery with no injury

• Aggravated felony drug trafficking conviction

• Disorderly conduct

• First-time DUI

• Petty theft

When analyzing whether a state statute is a crime involving moral turpitude (CIMT), the immigration court first applies the:

• “Realistic probability” test

• Categorical approach

• Modified categorical approach (without Shepard documents)

• Silva-Treviño three-step test (2016)

• Chevron deference analysis

A lawful permanent resident who has accrued 7 years of continuous residence but has 1 aggravated felony conviction is:

• Eligible for cancellation of removal under INA §240A(a)

• Eligible for non-LPR cancellation under INA §240A(b)

• Statutorily barred from any form of cancellation

• Eligible only for voluntary departure

• Eligible for registry

The one-year filing deadline for asylum may be excused if the applicant shows:

• A lack of credible fear interview

• “Changed” or “extraordinary” circumstances

• INA §237(a)(2)(E) hardship

• Eligibility for TPS

• Completion of the asylum clock

DHS may place certain non-citizens in expedited removal without a hearing if they:

• Have been in the U.S. more than two years continuously

• Cannot prove two-year continuous presence and are apprehended anywhere in the U.S. (since Jan 21 2025 expansion)

• Entered with a valid visa

• Are LPRs convicted of a CIMT

• Have a pending I-360 VAWA petition

After the April 18 2025 EOIR policy rescinding Director’s Memorandum 22-03, what practice is no longer available in immigration court?

• Administrative closure under Matter of Avetisyan

• Termination on prosecutorial discretion grounds

• Routine acceptance of DHS-filed NTAs lacking time/place under the Interactive Scheduling System

• Remote testimony by Webex

• Continuances for collateral relief

A respondent ordered removed by an IJ has 30 calendar days to file a timely appeal with the BIA using Form:

• EOIR-33

• EOIR-29

• EOIR-26

• EOIR-27

• EOIR-46