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131 Cards in this Set

  • Front
  • Back
federal grand jury needs a minimum of _____ jurors?
(16-23)
elements needed for possession?
INTENT, CONTROLLED SUBSTANCE, AND KNOWLEDGE.
TWO BASIC ELEMENTS OF A CRIME
THE ACT ITSELF, AND INTENT
ARMED ALIEN KILLS AN AGENT IS COMMITS WHAT?
18 USC 1114
ASSAULT ON A FEDERAL AGENT?
USC 111
PRSECUTION FOR RE-ENTRY AFTER REMOVAL?
8 USC 1326
PENALTY FOR 8 USC 1324 (SMUGGLING)
5 YEARS AND/ OR 250K PER ALIEN.
ROVING PATROL ENCOUNTERS A SCHOOL BUS SHUTTLE TRANSPORTING ALIENS: IS IT A SEIZURE OR NOT?WHY?
NOT A SEIZURE, BECAUSE NOT USED IN FURTHENCE.
ARRESTED PERSONS MUST BE TAKEN BEFORE THE MAGISTRATE WITHIN___?
48 HOURS (INITIAL APPERANCE)
AIDING AND ABETTING AN AGG FELON TO ENTER THE U.S IS WHAT VIOLATION.
8 USC 1327
ATLERED BIRTH CERTIFICATE STATING TO BE A U.S.C IS WHAT VIOLATION?
18 U.S.C 911 (FALSE CLAIM TO U.S.C).
FEDERAL PROSECUTION'S NEXT STEP AFTER PRLIMINARY EXAMINATION IS ____?
THE ARRAIGNMENT.
THE CARROLL RULE, ALLOWS A SEARCH WITHOUT WARRANT LIMITED TO WHAT WARRANT WOULD STIPULATE (INHERENT MOBILITY OF A VEHICLE).
IF P/C IS PRESENT.
A TERRY FRISK IS A SEARCH FOR WEAPONS. TRUE/FALSE?
TRUE.
NON STOP FLIGHT FROM CANADA TO L.A WOULD MAKE L.A____?
THE FUNCTIONAL EQUIVALENT OF THE BORDER.
AUTHORITY NOT MENTIONED IN THE ACT IS ___?
IMPLIED AUTHORITY.
EVIDENCE SEIZURE IN EXECUTING A SEARCH WARRANT IS LIMITED TO ___?
ANYTHING WITHIN THE SCOPE OF THE WARRANT.
TO BOARD AND SEARCH CONVEYANCES IS UNDER ___?
INA 235; ANYWHERE IN THE U.S
ALL ARRESTS AND SEARCHES REQUIRE___?
P/C
AUTHORITY GIVEN FROM ONE AGENCY TO ANOTHER IS CALLED ___?
DELEGATED AUTHORITY.
ELEMENTS OF AN ARREST?
AUTHORITY, INTENT, SUBMISSION
DATE OF ELIGIBILITY FOR CREATION OF RECORD IS ___
1/1/1972
THE ONLY GROUP OF ALIENS THAT CAN ADJUST STATUS UNDER INA 247 (IMMIGRANT TO NON-IMMIGRANT) IS
E-1 (E's, A's, G's)
ALIEN REGRISTRATION CARD IS ___?
I-551
BORDER CROSSING CARD IS
I-586 (72 HOURS, 25MILES FROM BORDER)
FIANCEE OF A U.S.C IS
K-1
CONSULAR OFFICER IS___
AN A-2
MEXICAN VISITOR
B-2 OR I-586 HOLDER
MODELS ARE ___?
H-1B
IMMIGRANT MARRIED DAUGHTER (22YEARS OLD) OF A U.S.C IS
F3-1
OUTSTANDING PERSON IMMIGRATING TO U.S IS ____?
E1-1
SHOT-PUT COMPETITOR (PRIZE MONEY)
B-1
STUDENT VISA
F-1
SON/ DAUGHTER OF A PROTOCOL OFFICER TO THE UN IS A ___?
G-4
DAUGHTER OF AN AMBASSADOR TRAVELING THROUGH THE U.S
C-3
NATIVE OF JAPAN PETITIONED BY HIS 22YR OLD DAUGHTER IS ___?
IR-5
MAN BEING PETITIONED BY HIS U.S.C WIFE OF 6 MONTHS
CR-1
PETITION OF A 27YR OLD SON OF A USC IS
F1-1
NON-IMMIGRANT ATTORNEY HERE FOR BUSINESS IS
B-1
LAPR (DRAFT DODGER) LEFT THE US AND IS NOW RETURNING AS AN A-2 IS (ADMISSABLE/INADMISSABLE)
ADMISSABLE (DIPLOMAT)
MEXICAN NON-IMMIGRANT (I-586 HOLDER) TO GO TO L.A FOR MEDICAL TREATMENT IS (ADMISSABLE/INADMISSABLE)
ADMISSIBLE AS A B-2
LAPR COMES IN 3 DAYS AGO. IS A PROSTITUTE SINCE 1990 IS (ADMISSABLE/INADMISSABLE)
INADMISSIBLE
NON-IMMIGRANT VISITOR FOR 2 MONTHS AWAITING COURT ON CHARGES IS DEP OR NON-DEP?
NON-DEP, NO CONVITION.
LAPR SINCE 1985 IS CONVICTED OF ROBBERY AND SENTENCED TO 8MONTHS IN 1987 AND WENT BACK TO MEXICO IS DEP/NON-DEP
DEP UPON RE-ENTRY
LAPR SINCE 1975. IN 1991 WAS FOUND IN POSSESSION OF 20GRAMS OF COCAINE IS DEP/NON-DEP
DEP/ NARCOTICS VIOLATOR.
NON-IMMIGRANT VISITOR, FOUND WITH A SEMI-AUTOMATIC FIREARM IS DEP/NON-DEP.
DEP FOR POSSESSION OF A FIREARM.
B-2 VISITOR HERE FOR 3 YEARS IS DEP/NON-DEP
DEP FOR VIOLATION OF STATUS (OVERSTAY)
MEXICAN I-586 HOLDER IS A SHOPLIFTER, BUT STORE DID NOT PRESS CHARGES IS DEP/NON-DEP?
NON-DEP, NO CONVITION
LAPR MEXICAN CONVICTED 4 YEARS AGO ON 8 USC 1324 IS DEP/NON-DEP?
DEP
WORKING WIFE (H-4) DEP/NON-DEP
DEP, CANNOT WORK
STUDENT ENTERED 4 YEARS AGO AS AN F-1, HAS GRADUATED AND IS NOW LOOKING FOR WORK. DEP/NON-DEP
DEP, VIOLATION OF STATUS
LAPR, 11 YEARS , WAS CONVICTED OF ATTEMPTED MURDER 5 YEARS AGO IS DEP/NON-DEP
DEP, CIMT
MEXICAN DEPORTED 2 MONTHS AGO. DEP/NON-DEP
DEP, UNDER 8 USC 1326
ALIEN IN THE US ARMED FORCES CAN LOSE STATUS FOR DESERTION ONLY DURING WHAT TIME?
WARTIME
RESIDENCE WAS DEFINED IN
1/13/41
PUBLIC SERVICE BOND IS ?
$1000.00
UNDER INA 209,(RECORD OF LAWFUL ADMISSION FOR REFUGEE BEGINS AT?
DATE OF ENTRY
LAPR's ARE REQUIRED TO CARRY IMMIGRATION DOCUMENTS AT AGE ?
18YRS OLD
IMMACT 90 BROUGHT ABOUT FAMILY UNITY ON _____
5/5/88
AUTHORITY TO INSPECT AND ADMIT ALIENS AT THE POE IS
INA 235
POLYGAMY RELATES TO IMMIRANTS FOR INADMISSIBILITY AND NOT TO
NON-IMMIGRANTS.
PERMANENTLY INELIGIBLE TO CITIZENSHIP IS SOMEONE WHO??
RECEIVED EXEMPTION FROM ARMED SERVICES DUE TO ALIENAGE.
TWO ELEMENTS TO JUS-SOLI ARE??
LOCATION, AND JURISDICTION.
THE GENERAL CONDITIONS TO NATURLIZE ARE??
MUST BE A LAPR, WITH GMC
TWO LEGAL PRINCIPLES
JUS SOLI, AND JUS SANGUINIS
CITIZENSHIP RESIDENT REQUIREMENTS ARE
5YRS, 2 1/2YRS, 3 MONTHS
TWO LEGAL AUTHORITIES ARE
14TH AMENDMENT, AND NATIONALITY ACTS OF CONGRESS
ARREST ANYWHERE IN THE U.S IS WHAT AUTHORITY
INA 235
TO ARREST OUTSIDE YOUR AUTHORITY IS A
CITIZEN'S ARREST.
NON-STOP FLIGHT FROM VANCOUVER TO SEATTLE IS
FUNCTIONAL EQUIVALENT OF THE BORDER (SEATTLE)
TO ENGAGE IN A CASUAL CONVERSATION YOU NEED (WHAT SUSPICION)
LITTLE OR NO SUSPICION
IN ORDER TO SEARCH YOU NEED
PC
TO CHECK OUTER CLOTHING FOR WEAPONS AT THE BORDER YOU NEED
MERE SUSPICION
A FRISK IS
REASONABLE SUSPICION OF ARMED/DANGEROUS PERSON.
TO STOP SOMEONE AT A CHECKPOINT YOU NEED ??
LITTLE OR NO SUSPICION
ACUSATION BY GRAND JURY IS AN
INDICTMENT
A MISDEMEANOR IS
LESS THAN ONE YEAR
HELD OVER WITHOUT BOND IS
IN CUSTODY OF THE US MARSHALS
VENUE IS
THE PLACE WHERE THE DEFENDANT IS TO BE TRIED.
WRITTEN DOCUMENT WITH FACTS AND CHARGES IS AN
COMPLAINT
GOOD EVIDENCE MUST BE
RELEVANT MATERIAL, AND COMPETENT
CAME INTO THE US, HIDING IN A TRUNK OF A CAR IS
8 USC 1325 (EWI)
CONSPIRACY IS
18 USC 371
FELONY WITH 5-10 YEARS IS WHAT CLASS
CLASS D
FINAL COURT OF APPEALS IS
THE SUPREME COURT
ELEMENTS OF A CRIME
ACT, AND INTENT
WHO DRAFTS INDICTMENTS
US ATTORNEY
EXCLUSIONARY RULE IS BASED ON WHAT
JUDICIAL INTERPRETATION
RE-ENTRY AFTER DEPORT IS
8 USC 1326
A BENCH WARRANT IS ISSUED BY
THE DISTRICT COURT JUDGE
WHO INVESTIGATES 18 USC 111, OR 1111
FBI
TO CONVINCE SOMEONE TO COMMIT PERJURY
18 USC 1622 (SUBORNATION OF PERJURY)
TO ARREST SOMEONE FOR IMMIGRATION VIOLATION NOT IN YOUR PRESENCE
THERE MUST BE A LIKELYHOOD TO ABSCOND
IRCA 5/5/86 MADE IT____
ILLEGAL TO HIRE ILLEGAL ALIENS
PERSONS ARRESTED MUST BE TAKEN BEFORE MAGISTRATE WITHIN___
48 HOURS (INITIAL APPEARANCE)
A PERSON BORN TO A FOREIGN SOVEREIGN, A DIPLOMATIC OFFICER ON THE BLUE LIST, A PERSON BORN ON A PUBLEC VESSEL IN US WATERS (WARSHIPS, REFUGEE SHIPS, ETCC.), ANY US POSSESSION NOT WITHIN THE DEFINTION OF THE US ARE ALL
NOT SUBJECT TO OUR JURISDICTION.
FOUNDLINGS AFTER 1/1/41, AND PRIOR TO 12/24/52 WAS PRESUMED TO BE A USC UNTIL ALIENAGE WAS PROVEN AT WHAT AGE?
ANY AGE
A FOUNDLING AFTER 12/24/52, FOUND UNDER THE AGE OF 5 IS PRESUMED TO BE A USC UNLESS ALIENAGE IS PROVEN?
BEFORE AGE 21
WHO HAS THE AUTHORITY TO NATURALIZE PEOPLE
ATTORNEY GENERAL
RESIDENCE REQUIREMENTS
(1) 5 YEARS CONTINUOUS RESIDENCE, 2 1/2 YEARS PHYSICAL PRESENCE, 3 MONTHS IN DISTRICT.(2)MUST READ, SPEAK, AND WRITE ENGLISH. (UNLESS 50 W/20YEARS RESIDENCE, 55/15, 60/20. (3) KNOWLEGE OF US HISTORY AND GOVERNMENT. (4) GOOD ATTITUDE TOWARDS THE US GOV'T. (5) GOOD MORAL CHARACTER FOR 5 YEARS.
RESEDENCE REQUIREMENTS FOR SPECIAL GROUPS (MILITARY AND SPOUSES)
3YEARS, 1 1/2, 3 MONTHS
CLASSES OF NATURALIZION
LEGISLATIVE, JUDICIAL, AND ADMINISTRATIVE(SOLE AUTHORITY AS OF 10/01/91 IS THE ATORNEY GENERAL)
CLASSES OF POE's
A-ALL CLASS MAY APPLY, B-ALIENS EXEMPT DOC'S, C- CREWMEN ONLY.
IMMIGRATION PASSPORT MUST BE VALID FOR
60 DAYS ATER EXP OF VISA
LAPR STATUS STARTS WHEN STATUS HAS BEEN APPROVED BY
THE ATORNEY GENERAL
NOT ELGIBLE TO AJUST STATUS (TO IMMIGRANT CLASSES)
C, D, K, T, T, W, O, V
USC AND NATIONALS, CANADIAN BORN WITH ATLEAST 50% NATIVE-AMERICAN BLOOD, ALIENS SERVING IN THE US ARMED FORCES, AND NATO PERSONNEL ARE ALL ???
EXEMPT INSPECTIONS
BURDEN OF PROOF IS ON
THE SERVICE ON EXCLUSION HEARINGS, AND DEP HEARINGS. UNTIL ALIENAGE IS PROVEN.
EXCLUSION HEARINGS ARE CLOSED TO THE PUPLIC UNLESS ALIEN
REQUEST THE HEARING TO BE OPENT TO THE PUBLIC
DEPORTATION HEARINGS ARE
OPEN TO THE PUBLIC
ALIENS TAKEN INTO CUSTODY PENDING DEPORT PROCEDINGS MAY BE AT THE DISCRETION OF THE AG TO BE
RETAINED IN CUSTODY, RELEASED ON BOND, OR RELEASED ON O.R
ALIENS MAY BE REMOVED AND SENT TO
THE COUNTRY OF NATIONALITY, CITIZENSHIP, LAST RESIDENCE FROM WHICH HE CAME, OR ANY COUNTRY WILLING TO ACCEPT THE ALIEN.
DISCRETIONARY RELIEF FROM DEPORT IS WHEN
THE ALIEN APPLIES FOR SUPENSION OF DEPORT, ADJUSTMENT OF STATUS, CREATION OF RECORD, AND A VR IN LIEU OF DEPORT.
DECISION OF IMMIGRATION JUDGE WRITTEN OR ORAL WILL??
ORDER THE ALIEN DEPORTED, PROCEEDINGS BE TERMINATED, DEPORTATION BE TERMINATED, OR ALIEN BE GRANTED WITH VD AT HIS OWN EXPENSE IN LIEU OF DEPORTAION.
ALIEN MAY APPEAL IMMIGRATION JUDGE'S DECISION TO THE
BIA
AN IMMIGRATION JUDGE'S DECISION MUST BE APPEALED WITHIN
10 DAYS OF DECISION
IF JUDGE'S DECISION IS BY MAIL THE ALIEN HAS ___
13 DAYS TO APPEAL.
AUTHORIZED TO GRANT VR IS BY
DISTRICT DIRECTOR, DD IN CHARGE OF IVESTIGATIONS, OFFICER IN CHARGE (OIC) AND INS SUB-OFFICES, CHIEF PATROL AGENTS.
STATUTORY ATHORITY STEMS FROM 4 PRINCIPLE SOURCES
US CONSTITUTION, STATUTES ENHANCED BY CONGRESS, PUBLISHED ADMINISTRATIVE REGULATIONS, JUDICIAL INTERPRETATIONS.
TYPES OF AUTHORITY ARE
STATUTORY, IMPLIED, AND DELEGATED AUTHORITY.
LIMITATIONS TO STATUTORY AUTHORITY ARE,
CONSTITUTIONAL CONSIDERATIONS, JUDICIAL INTERPRETATION, AND SERVICE POLICIES (MOST RESTRICTIVE)
FEDERAL GRAND JURY
INVESTIGATING AN ACCUSING BODY PROVIDED FOR BY THE US CONSTITUTION, CONSISTS OF 16-23 JURORS FROM A POOL OF 300, FUNCTION IS TO FIND IF THERE IS PC TO BELIEVE A CRIME HAS TAKEN PLACE AND THE ACCUSED COMMITED TO CRIME, AT LEAST 12 JURORS MUST AGREE BEFORE A TRUE BILL IS RETURNED, AND NO AGREEMENT -NO BILL
US VS. ALMEIDA SANCHEZ
(ROVING PATROL) TO SEARCH A VEHICLE IN OTHER THAN A BORDER SEARCH SITUATION THE OFFFICER MUST HAVE CONSENT, A SEARCH WARRANT, PC.
US VS. BRIGNONI PONCE
(ROVING PATROL) MUST HAVE REASONABLE SUSPICION THAT A VEHICLE CONTAINS ALIENS TO STOP THE VEHICLE AT OTHER THAN THE BORDER OR ITS FUNCTIONAL EQUIVALENT.
US. VS ORTIZ
(CHECK POINT) MUST HAVE PC TO SEARCH A VEHICLE IN THE ABSENCE OF CONSENT OR WARRANT.
TERRY VS. OHIO
AN OFFICER MAY PAT DOWN A PERSON STOPPED FOR QUESTIONING IF IT BELIEVED THAT THE SUBJECT MAY BE ARMED AND DANGEROUS. FOR WEAPONS ONLY AND MUST BE BRIEF AND UNINTRUSIVE.
TAYLOR VS. FINE
BP AGENTS MAY ENTER INTO PRIVATE LANDS FURTHER THAN 25 MILES FROM THE BORDER WITH CONSENT, SEARCH WARRANT, OR IF THE PROPERTY IS NOTORIOUS FOR ILLEGAL ALIENS.
EXCLUSIONARY RULE (FRUIT FROM THE POISONOUS TREE) IS
THE SUPPRESSION OF EVIDENCE WHICH HAS BEEN DERIVED TROM AN ILLEGAL SEARCH OR SEIZURE UNDER THE 4TH AMMENDMENT (BASED ON JUDICIAL INTERPRETAION)
CARROLL SEARCHES ARE
DUE TO VEHICLE MOBILITY IT IS IMPRACTICAL TO OBTAIN A WARRANT BEFORE SEARCHING. YOU MUST HAVE PC TO SEARCH IN THE SAME MANNER OR INTENSITY AS IF YOU HAVE OBTAINED A SEARCH WARRANT.
SEARCH INCIDENT TO ARREST
(WIFE) WEAPONS, INSTRUMENTS USDED IN THE CRIME, FRUIT OF THE CRIMES, AND EVIDENCE.
PRETRIAL MOTIONS ARE FOR
THE CHANGE OF VENUES, SUPPRESSION OF EVIDENCE, CONTINUANCE, DISCOVERY, AND DISMISSALS.