- Withholding of Removal
- May 19, 2010
- Law Firm: The Law Offices of Grinberg & Segal, PLLC - New York Office
Under U.S. law, the U.S. Government cannot return an alien to a country where that alien's life or freedom would be threatened, because of the alien's race, religion, nationality, membership in a particular social group, or political opinion. Withholding of removal is only available if an individual is placed in removal proceedings. Once an individual establishes his or her life or freedom would be threatened in a particular country, withholding of removal must be granted. It is a mandatory form of relief that must be granted by the immigration judge unless certain factors are present such as a conviction for a particularly serious crime. To establish eligibility for withholding of removal, the alien must demonstrate there is a clear probability he or she will be persecuted.
While withholding of removal is similar to asylum in the ways, it is also vastly different. Asylum requires the alien to demonstrate a well-founded fear of persecution; however, withholding of removal requires the alien to demonstrate it is more likely than not he or she will be persecuted if returned to a particular country. Essentially, the asylum applicant must show it is possible he or she will be persecuted whereas the withholding of removal applicant must show it is probable he or she will be persecuted if returned to a particular country.
Another key difference between asylum and withholding of removal is the benefits derived from a grant of such relief. An individual who is granted withholding of removal is actually subject to a final order of removal. A grant of withholding of removal does not confer any status on the applicant's spouse or children. A person granted withholding of removal has the right to remain in the U.S. and work. However, if an individual with a grant of withholding of removal travels outside the U.S., he or she will not be permitted to return. Further, an individual granted withholding of removal does not have the right to apply for lawful permanent residence. A benefit to applying for withholding of removal is that an individual may seek such relief even if they entered a country more than a year ago. This would allow someone who missed the one year filing deadline for asylum to avoid being removed to a country where they would likely be harmed. In addition, withholding of removal is available to aliens who have been convicted of a criminal offense that bars them from receiving a grant of asylum.
A knowledgeable immigration attorney who understands how to properly prepare, file, and present an application for withholding of removal can significantly increase an individual's chances of being granted withholding of removal by the U.S. Government. This is especially true as withholding of removal requires an individual to demonstrate a higher likelihood of harm. At The Law Offices of Grinberg & Segal, P.L.L.C., we have a very successful track record of assisting countless clients obtain withholding of removal in the U.S. Our Firm strives to provide impeccable assistance to our clients by helping them prepare their applications for withholding of removal, obtain, analyze, and submit the requisite corroborative evidence, prepare the client for testify in support of their applications, and represent the client through removal proceedings.