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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
Bars to Withholding of Removal
A person may not be granted withholding of removal if he or she was involved in the following:
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.