Withholding of Removal: Who is Eligible?

Relief through Withholding of Removal in U.S. Immigration Court

Withholding of removal is very similar to asylum but much harder to obtain.

Asylum requires that you show a possibility of persecution, but withholding requires that you show a probability of persecution. When the judge grants withholding of removal, he actually orders your removal but then orders that the removal be withheld until such time that it is safe for you to return to your country of citizenship.

Immigration and Customs Enforcement (ICE) may continue to detain you even after withholding of removal is granted if it determines that you are a flight risk or a danger to the community. If you are released from custody, you will be paroled and required to report to ICE periodically. You will also be allowed to work legally within the United States.


Human Trafficking


Am I eligible for Withholding of Removal?

You may be eligible if you meet the following criteria:

  • Your life or freedom would be threatened because of race, religion, nationality, membership in a particular social group, or political opinion;
  • You have not been convicted of a particularly serious crime (see above). A conviction for an aggravated felony in which you were sentenced to an aggregate term of five years in prison is automatically considered a particularly serious crime. If you were given less then a five year sentence, the government still has the discretion to classify the conviction as a particularly serious crime.

If you think you qualify for relief through a withholding of removal, or if you have questions about whether you might qualify, please call or email our experienced immigration attorneys today.

Comments are closed.