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Withholding of Removal

Like asylum, Withholding of Removal is an immigration court order that protects a person who fears persecution in their country of origin from being deported.

They need to demonstrate a 50% chance or more that they will be persecuted upon deportation because of their identity in the following social categories:

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

How to apply for withholding of removal

As you file Form I-589 “Application for Asylum and Withholding of Removal,” complete the section including application for withholding of removal. This portion of the application is considered by the immigration judge during removal proceedings.

It’s important to note the following ways in which withholding of removal is more limited than asylum:

  • No pathway to green card status or U.S. citizenship unless you reopen the removal proceedings, which could result in deportation
  • Yearly renewal fee for employment authorization document
  • Fewer government benefits than asylees
  • Travel outside the U.S. not permitted
  • Chance of being deported to a third country
  • Orders of supervision from ICE, which require people granted withholding to “check in” with immigration on a regular basis for an indefinite period, and to request prior permission before leaving the state
  • If withholding is won while person is in an immigration detention center, there is a chance ICE will choose to have the person remain in detention

To schedule an initial consultation with us today, don't hesitate to contact us at (949) 478-4963.

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