withholding of removal


The law prohibits the removal or deportation of anyone whose life or freedom would be threatened in his/her home country on account of one of the same five grounds necessary for asylum. However, this relief only prohibits the USCIS from deporting the alien to a particular country. It also does not allow an alien to apply for permanent residence.


The burden of proof on withholding of removal requires that persecution be more likely than not, meaning a “clear probability of persecution,” which is more than 50 percent likelihood of persecution. If you are able to meet your burden, the USCIS is obligated to withhold your removal. With asylum, if you are able to meet your burden of “reasonable possibility” of persecution, it is at the discretion of the USCIS whether or not to remove you.


If you apply for asylum, you do not need to file a separate application for withholding of removal or relief because an application for asylum automatically constitutes an application for withholding of deportation or removal.


The five grounds are:


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

Hart Immigration provides immigration services in Los Angeles, Orange County, and surrounding areas.

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