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