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Long Island Withholding of Removal Lawyer


Withholding of Removal

Unlike asylum, which is a discretionary grant, withholding of removal sets forth a mandatory prohibition against deportation for someone who establishes that their life or freedom would be threatened “on the account of race, religion, nationality, membership in a particular social group or political opinion.”

If the Respondent establishes past persecution, then there is a presumption of withholding of removal.  At first glance, this may sound like asylum but withholding of removal has a range of differences from asylum.

Differences between Withholding of Removal and Asylum

  • A grant of withholding of removal does not serve as a basis for one to obtain legal permanent residence, whereas a grant of asylum does.
  • Unlike in asylum where a removal order is not issued, if one is granted withholding of removal, the immigration judge actually enters an order of removal but the person’s deportation is “withheld.”
  • There is no derivative benefit for withholding of removal whereas in asylum there is as an asylee’s derivatives include his or her spouse and child.
  • Withholding of removal is only available as a defense to deportation in immigration court, as the asylum office does not have jurisdiction to entertain withholding of removal cases.

Bars to Withholding of Removal

A person may not be granted withholding of removal if he or she was involved in the following:

  • Persecution of others – Respondent participated in persecution of any person on the account of race, religion, nationality membership of a particular social group of political opinion.
  • Danger to the community – Respondent was convicted of a particularly serious crime constituting a danger to the community or there is probable cause that Respondent committed a serious, nonpolitical crime before arriving to the United States.
  • Danger to U.S. security – There is reasonable grounds to believe that Respondent is a danger to U.S. security.

Removal Defense

Despite its differences with asylum, withholding of removal can be sought even after Respondent’s first year of entry.  Additionally, if a person has a prior removal order, a person may still nevertheless seek withholding of removal as a defense to deportation.

If you are facing removal from the United States, it is absolutely essential to gather with an experienced immigration lawyer right away.  Contact the Law Firm of Kyce Siddiqi to arrange a consultation.