RAMA LAW IMMIGRATION PRACTICE GROUP
WITHHOLDING OF REMOVAL
Withholding of Removal is relief to prevent removal to a country where the alien has a clear probability to suffer persecution based on race, religion, nationality, political opinion, or membership in a particular social group. Withholding of Removal is only for those who are placed in removal proceedings. If USCIS is not trying to deport you, exclude you, or otherwise remove you from the United States, Withholding of Removal is not an available remedy.
Eligibility For Withholding Of Removal
In general, the burden of proof is on the applicant to show that his life or freedom would be threatened in the proposed country of removal on account of race, religion, nationality, membership in a particular social group, or political opinion. The evidence shall be evaluated as follows:
The applicant's life or freedom shall be found to be threatened if it is more likely than not that he would be persecuted on account of race, religion, nationality, membership in a particular social group, or political opinion.
If the applicant is determined to have suffered persecution in the past such that his life or freedom was threatened in the proposed country of removal on account of race, religion, nationality, membership in a particular social group, or political opinion, it shall be presumed that his or her life or freedom would be threatened on return to that country unless a preponderance of the evidence establishes that conditions in the country have changed to such an extent that it is no longer more likely than not that the applicant would be so persecuted there.
In evaluating whether the applicant has sustained the burden of proving that his life or freedom would be threatened in a particular country on account of race, religion, nationality, membership in a particular social group, or political opinion, the officer or judge hearing the case shall not require the applicant to provide evidence that he would be singled out individually for such persecution if:
The applicant establishes that there is a pattern or practice in the country of proposed removal of persecution of a group of persons similarly situated to the applicant on account of race, religion, nationality, membership in a particular social group, or political opinion; and
The applicant establishes his own inclusion in and identification with such group of persons such that it is more likely than not that his life or freedom would be threatened upon return.
Benefits of Withholding of Removal
Unfortunately, the benefits of Withholding of Removal are limited. The alien is not given any legal status in the U.S. Simply stated, the alien will not be removed to the country of alleged persecution. If the Court finds that there is another country that can be a safe haven for the alien, the court could have the alien removed to that country. Also, there is no derivative status for relatives. The sole benefit of Withholding of Removal is that the alien may seek employment authorization, the same as an Asylee.
We invite you to contact the Law Office of Sarah S. Rama, Esq to arrange your consultation.
