Withholding of Removal

Background

Withholding of Removal is a form of protection given to individuals who fear returning to back to their home country or country of last residence. Withholding of removal is often used as a remedy for someone who is either already in the United States or at the border. If the United States government decides that your life or freedom would be threatened in your country because of your race, religion, nationality, membership in a particular social group, or political opinion, the government may allow you to remain in the United States.

Eligibility

In order for the government to be granted withholding of removal in the United States you must fear persecution on account of one of five factors:

1. Race;
2. Religion;
3. Nationality;
4. Membership in a particular social group; or
5. Political opinion.

Persecution means that your life or freedom is threatened in a way that is dangerous and life-threatening.

Withholding of removal is a little different than asylum. Withholding of removal provides country-specific protection, meaning that you can still be removed to a country other than the one in which you fear being persecuted. However, when you win a withholding of removal case the United States government rarely moves you to a different country because that country must agree to accept you and it is a long and complicated process.

Also, unlike asylum, withholding of removal applicants can never be granted any kind of permanent residence through their application. While the burden of proof in asylum cases requires applicants to show past persecution or a well-founded fear of future persecution, withholding of removal requires the applicant to show a clear probability of persecution. This means that the standard of proof used to decide whether you will be granted withholding of removal is higher than in asylum cases.

The biggest benefit to a withholding of removal case is that you do not have to file your withholding of removal application within 1 year of entering the United States. Asylum applications are required to be filed within one-year of entering the United States unless there are extraordinary reasons why you did not meet the deadline.

Procedure

To be eligible for withholding of removal you must have a fear of persecution or have suffered persecution in your country in the past. You must be unwilling or unable to return to your country because of this fear. To be able to apply for withholding of removal you will need to file Form I-589, Application for Asylum and Withholding of Removal.

If you or a loved one were arrested or detained attempting to cross into the United States or were arrested and now in an immigration detention center, you will have to undergo a Reasonable Fear Interview with an asylum officer before you will be eligible to receive an immigration bond or apply for withholding of removal. Preparation for this interview is extremely important – if you fail the interview, you will likely be deported unless you successfully appeal the asylum officer’s decision in front of an immigration judge. Often times a detainee is not able to present a reasonable fear to the asylum officer because they have not been adequately prepared by a competent and experienced immigration attorney. Our law office can make sure you are as best prepared as possible to be able to give you the best chance at winning your case.

Benefits

If you win your withholding of removal case you are entitled to numerous benefits, including:

• You will not be removed to the country which you fear you will be subjected to torture upon return; and
• You can apply for legal work authorization.

What the Law Office of Armand Jawanmardi Can Do for You

Withholding of removal cases can be difficult to win without an experienced attorney by your side who will put in the time and effort needed to research and prepare your case. These cases are often won and lost on the amount of time your attorney will dedicate to your case in helping you organize and prepare your testimony, research your country’s conditions, and assist you in finding the requisite evidence to present your case in the best possible light.

You need and deserve a law firm and an attorney who will stand by your side through your withholding of removal case and defend you to the end. We want to have the honor of representing you. Please contact The Law Office of Armand Jawanmardi for a consultation on what you can expect when applying for withholding of removal and what we can do for you at (713) 999-9115. We are always available 24 hours a day, 7 days a week to answer your questions.