CASE DISPOSITION COMPREHENSIVE EXAM 2026/2027
QUESTIONS AND SOLUTIONS RATED A+
✔✔Who does reinstatement of a prior order of removal under 241 (a)(5) apply to? - ✔✔-
Aliens illegally reenters the U.S. after being deported, excluded or removed under a
final order with a bar to reentry
-Aliens illegally reenters the U.S. after leaving the country of his own free will while
under a final order of removal
-Aliens illegally reenters the U.S. after leaving the country of his own free will and after
the expiration of an IJ granted VD period
✔✔Who does reinstatement of a prior order of removal under 241 (a)(5) not apply to? -
✔✔-Aliens who were granted VD and left the U.S. in compliance with that grant and
then illegally reenters the U.S.
-Aliens who reenters legally after waiting until the bar to reentry expires and then is
again found deportable
✔✔What must an ERO Officer establish to process an alien under 241 (a)(5)? -
✔✔Positive Identity
Previous Removal
Unlawful Entry
✔✔What two forms usually accompany each other after an IJ issues a final order? -
✔✔I-205 Warrant of Removal/Deportation
I-294 Warning to Alien Ordered Removed or Deported
✔✔What is form I-215B? - ✔✔Record of Sworn Statement in Affidavit
✔✔What question must the sworn statement include? - ✔✔Do you have fear of
persecution or torture should you be removed from the U.S.?
✔✔Is an alien in removal under 241 (a)(5) eligible for asylum? - ✔✔No, must be
referred to asylum officer for reasonable fear interview
✔✔What is form I-871? - ✔✔Notice of Intent/Decision to Reinstatement Prior Order
✔✔Who must sign the bottom of form I-871 if issued? - ✔✔SDDO or higher
✔✔What happens after an I-871 is signed? - ✔✔A new I-205 is issued, citing that
removal is pursuant to 241 (a)(5)
✔✔After the I-871 is signed and the new I-205 is issued what happens? - ✔✔The
subject is issued an I-294, indication a 20 year bar unless the subject is an aggravated
felon which would indicate a lifetime bar
, ✔✔What is an administrative removal under 238(b)? - ✔✔Expedited removal of
aggravated felon
✔✔How many days does an alien have to rebut administrative removal under 238(b)? -
✔✔10 days
✔✔How many days does an alien have to appeal a final administrative order in federal
court? - ✔✔14 days
✔✔Who can be processed for administrative removal under 238(b)? - ✔✔An alien who
is not an LPR and who has a final conviction for an aggravated felony as defined in
101(a)(43)
✔✔What classification of immigrant can be processed for administrative removal under
238(b)? - ✔✔Conditional permanent resident
✔✔There must be both of these to process an alien for an administrative removal under
238(b)? - ✔✔Conviction
Penalty
✔✔What forms are needed for an administrative removal under 238(b)? - ✔✔Record of
Proceedings must be created
I-213 Record or Deportable/Inadmissible Alien
I-200 Warrant of Arrest
Certified Judgement, Conviction Documents, OPLA memo
I-215B or I-877
I-851 Notice of Intent to Issue a Final Administrative Removal Order
I-851A Final Administrative Removal Order
I-205 Warrant of Removal/Deportation
I-294 Warning to Alien Ordered Removed or Deported
✔✔Who signs the I-851 and I-851A? - ✔✔An SDDO or higher but they are never signed
by the same person
✔✔What can happen at any time while processing a case for administrative removal
under 238(b)? - ✔✔The deciding official may terminate the proceedings, have an NTA
issued, and conduct the removal proceedings in accordance with 240
✔✔Is an alien in removal proceedings under 238(b) eligible for asylum? - ✔✔No, they
must be referred to asylum officer for reasonable fear interview
✔✔When does an alien not qualify for withholding of removal? - ✔✔When an alien is
convicted of an aggravated felony where the sentence was 5 years or more
QUESTIONS AND SOLUTIONS RATED A+
✔✔Who does reinstatement of a prior order of removal under 241 (a)(5) apply to? - ✔✔-
Aliens illegally reenters the U.S. after being deported, excluded or removed under a
final order with a bar to reentry
-Aliens illegally reenters the U.S. after leaving the country of his own free will while
under a final order of removal
-Aliens illegally reenters the U.S. after leaving the country of his own free will and after
the expiration of an IJ granted VD period
✔✔Who does reinstatement of a prior order of removal under 241 (a)(5) not apply to? -
✔✔-Aliens who were granted VD and left the U.S. in compliance with that grant and
then illegally reenters the U.S.
-Aliens who reenters legally after waiting until the bar to reentry expires and then is
again found deportable
✔✔What must an ERO Officer establish to process an alien under 241 (a)(5)? -
✔✔Positive Identity
Previous Removal
Unlawful Entry
✔✔What two forms usually accompany each other after an IJ issues a final order? -
✔✔I-205 Warrant of Removal/Deportation
I-294 Warning to Alien Ordered Removed or Deported
✔✔What is form I-215B? - ✔✔Record of Sworn Statement in Affidavit
✔✔What question must the sworn statement include? - ✔✔Do you have fear of
persecution or torture should you be removed from the U.S.?
✔✔Is an alien in removal under 241 (a)(5) eligible for asylum? - ✔✔No, must be
referred to asylum officer for reasonable fear interview
✔✔What is form I-871? - ✔✔Notice of Intent/Decision to Reinstatement Prior Order
✔✔Who must sign the bottom of form I-871 if issued? - ✔✔SDDO or higher
✔✔What happens after an I-871 is signed? - ✔✔A new I-205 is issued, citing that
removal is pursuant to 241 (a)(5)
✔✔After the I-871 is signed and the new I-205 is issued what happens? - ✔✔The
subject is issued an I-294, indication a 20 year bar unless the subject is an aggravated
felon which would indicate a lifetime bar
, ✔✔What is an administrative removal under 238(b)? - ✔✔Expedited removal of
aggravated felon
✔✔How many days does an alien have to rebut administrative removal under 238(b)? -
✔✔10 days
✔✔How many days does an alien have to appeal a final administrative order in federal
court? - ✔✔14 days
✔✔Who can be processed for administrative removal under 238(b)? - ✔✔An alien who
is not an LPR and who has a final conviction for an aggravated felony as defined in
101(a)(43)
✔✔What classification of immigrant can be processed for administrative removal under
238(b)? - ✔✔Conditional permanent resident
✔✔There must be both of these to process an alien for an administrative removal under
238(b)? - ✔✔Conviction
Penalty
✔✔What forms are needed for an administrative removal under 238(b)? - ✔✔Record of
Proceedings must be created
I-213 Record or Deportable/Inadmissible Alien
I-200 Warrant of Arrest
Certified Judgement, Conviction Documents, OPLA memo
I-215B or I-877
I-851 Notice of Intent to Issue a Final Administrative Removal Order
I-851A Final Administrative Removal Order
I-205 Warrant of Removal/Deportation
I-294 Warning to Alien Ordered Removed or Deported
✔✔Who signs the I-851 and I-851A? - ✔✔An SDDO or higher but they are never signed
by the same person
✔✔What can happen at any time while processing a case for administrative removal
under 238(b)? - ✔✔The deciding official may terminate the proceedings, have an NTA
issued, and conduct the removal proceedings in accordance with 240
✔✔Is an alien in removal proceedings under 238(b) eligible for asylum? - ✔✔No, they
must be referred to asylum officer for reasonable fear interview
✔✔When does an alien not qualify for withholding of removal? - ✔✔When an alien is
convicted of an aggravated felony where the sentence was 5 years or more
