What Is Withholding of Removal: A Lifeline in the Face of Deportation

Facing deportation can be one of the most stressful situations anyone can endure. But there is hope. At N400 Harbor Immigration Law, we’ve worked with many individuals, helping them get through these challenging times by exploring legal options. One of these is Withholding of Removal, a form of protection that can allow individuals to remain in the U.S. even when facing deportation.

What Is Withholding of Removal?

Withholding of Removal is a legal protection for individuals at risk of deportation who can demonstrate a likelihood of persecution in their home country. It’s important to understand that this protection is different from asylum. While both provide relief from deportation, withholding of removal comes with specific characteristics and limitations.

  • Mandatory Protection: If an applicant meets the requirements for withholding of removal, the government must grant it. This isn’t a discretionary form of relief like asylum.
  • Temporary Status: Withholding of removal doesn’t offer permanent residency or a pathway to citizenship. It simply allows you to remain in the U.S. temporarily.
  • No Derivative Benefits: One major difference between withholding of removal and asylum is that family members cannot receive protection based on your application. Each family member must qualify on their own.

Eligibility for Withholding of Removal

To qualify for withholding of removal, you must meet strict criteria. The burden of proof is high, and you need to show that there is a “clear probability” of persecution in your home country. This means proving that there is more than a 50% chance you would face harm based on:

  • Race
  • Religion
  • Nationality
  • Political opinion
  • Membership in a particular social group

This standard is higher than the one used in asylum cases, which only requires showing a “well-founded fear” of persecution.

Sometimes, individuals apply for withholding of removal because they missed the deadline for filing an asylum application, or they have certain criminal convictions that make them ineligible for asylum. While withholding of removal is more challenging to obtain, it can be the only available option for people in these situations.

The Application Process

Applying for withholding of removal is not easy, and it’s a process that requires careful attention to detail. Because of the complexity of the law, it’s crucial to seek legal help from an attorney with experience in immigration cases.

Here’s an overview of how the process works:

  • Form I-589: To apply for withholding of removal, you need to file Form I-589. This is the same form used for asylum applications. It’s important to complete it thoroughly and accurately, as mistakes could affect your chances.
  • Providing Evidence: Strong evidence is the key to a successful application. You’ll need to present documentation that proves you are at risk of persecution. This can include reports about conditions in your home country, personal statements, and any supporting documents that can help show the danger you face.
  • Defensive Application: If you’re already in removal proceedings, you can apply for withholding of removal defensively before an immigration judge. This often happens after you’ve been placed in deportation proceedings.

Benefits and Limitations of Withholding of Removal

The biggest benefit of withholding removal is that it allows you to stay in the U.S. indefinitely. However, it also comes with several important limitations.

  • Work Authorization: If you are granted withholding of removal, you can apply for work authorization, allowing you to legally work in the U.S. This is a major benefit for individuals who would otherwise struggle to support themselves while they remain in the country.
  • No Family Reunification: Unlike asylum, withholding of removal doesn’t extend to your family. Each family member would need to file their own claim for protection.
  • Limited Travel: Once you’ve been granted withholding of removal, leaving the U.S. could jeopardize your status. If you travel outside the country, it could be difficult or impossible to return.
  • Potential Revocation: Withholding of removal is not permanent. If conditions in your home country improve and the danger of persecution decreases, the U.S. government could revoke your protection, leaving you at risk of deportation once again.

Withholding of Removal Under the Convention Against Torture (CAT)

In addition to standard withholding of removal, there is another option for those facing deportation: withholding of removal under the Convention Against Torture (CAT). This form of protection is available to individuals who face the likelihood of torture in their home country.

Unlike standard withholding of removal, CAT protection focuses specifically on the risk of torture by government officials or with their consent. If you believe you are at risk of being tortured upon return to your home country, this may be an option for you.

Facing Deportation? We Can Help

Deportation is an overwhelming experience, but you don’t have to go through it alone. At N400 Harbor Immigration Law, we are dedicated to helping you through every step of the process. We’ve guided countless clients through complicated immigration cases and have a deep understanding of what it takes to succeed.

If you’re concerned about deportation and want to explore your options, contact us today at (305) 396-8882 for a free consultation. We’ll provide you with honest advice and work with you to develop a plan that gives you the best chance of staying in the U.S. Let us help you take the next step in your journey to build a future here.

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