Witholding of Removal

Similar to asylum, witholding of Removal means that a person cannot be returned to their country. In order to qualify for witholding of removal, the applicant must demonstrate qualifications as a refugee. In addition to qualifying as a refugee, there must be significant demonstration that if returned the applicant would be subject to persecution.

Witholding of Removal can only be granted by an Immigration Judge.

People granted withholding of removal (formerly called “withholding of deportation”) have a similar status to asylees. U.S. Citizenship and Immigration Services (USCIS) The federal agency responsible for immigration and citizenship. This agency was formerly known as the Bureau of Citizenship and Immigration Services (BCIS) and Immigration and Naturalization Service (INS). withholds removal because of a threat to life or freedom in the person's home country due to race, religion, nationality, membership in a particular social group, or political opinion.

There is a higher standard of evidence required for granting withholding status than for asylee status. In some circumstances, people may choose between asylum or some other status for which they qualify. However, if people meet the criteria for a withholding status, that is the one they must be granted.

Contact Malee about your options during removal proceedings.