Removal COMP 2

Question 1

Border Authority

Answer 1

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

Question 2

Consensual encounter

Answer 2

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.

Question 3

Inspection

Answer 3

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

Question 4

Examination

Answer 4

everyone goes through it when entering

Question 5

Are USC’s required to carry proof of citizenship?

Answer 5

No.

Question 6

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

Answer 6

• 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

Question 7

Questioning Process:

What is the first question you must ask?

Answer 7

Of what country are you a citizen or national?

Question 8

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

Answer 8

questioning concerning immigration status ends

Question 9

Are aliens required to have documentation on their person?

Answer 9

Yes.

Question 10

What must you do before asking any questions?

Answer 10

Identify yourself. Name, agency

Question 11

212 - inadmissible

Answer 11

• 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

Question 12

Parole

Answer 12

• 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.

Question 13

237 - Admitted Removal

Answer 13

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

Question 14

240 - Removal Proceeding

Answer 14

• 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.

Question 15

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

Answer 15

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

Question 16

Visa Waiver Program

Answer 16

• Can only stay for 90 days

- Country has to be on the Department of State list

Question 17

Voluntary departure

Answer 17

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

Question 17

Voluntary departure in lieu of proceedings

Answer 17

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.

Question 18

Who is ineligible for Voluntary Departure?

Answer 18

• Aggravated Felons

- Terrorists

Question 19

Expedited removal

Answer 19

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

Question 20

Who can take an LPR green card away?

Answer 20

Immigration Judge (IJ)

Question 21

Exceptions/Expedited Removal is not available to:

Answer 21

• 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)

Question 22

Reinstatement of prior removal order

Answer 22

– 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.

Question 23

Judicial removal

Answer 23

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

Question 24

Removal of distressed aliens

Answer 24

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

Question 25

Forms of relief from removal available to aliens

Answer 25

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

Question 26

If inadmissible due to security grounds then

Answer 26

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

Question 27

An alien is inadmissible on criminal and related | grounds when

Answer 27

- Conviction or Commission of Crime involving Moral Turpitude (CIMT) - Controlled Substance Violation - Two or More Convictions

Question 28

Crime Involving Moral Turpitude (CIMT)

Answer 28

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.

Question 29

CIMT exceptions - Petty offense exception only applies to 212

Answer 29

- 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.

Question 30

Multiple Criminal Convictions (212)

Answer 30

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.

Question 31

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

Answer 31

Yes. 237 would apply here.

Question 32

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?

Answer 32

Yes, 237 A1A: Inadmissible at time of admission | - Can't charge 212 because they were admitted, even though they should have never been admitted.

Question 33

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

Answer 33

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

Question 34

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

Answer 34

- 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).