Can You Request Withholding of Removal to Avoid Deportation?
The current administration in Washington continues to go full-speed deporting noncitizens. Recently, the Supreme Court gave approval to the government’s decision not to reauthorize Temporary Protected Status for Haiti and Syria, which means thousands of people can face immediate deportation. Call Empowerment Legal, PLLC, to talk about your immigration case. We have developed a high-level practice defending noncitizens from deportation. Below, we look at “withholding of removal” can help.
What is Withholding of Removal?
This is a type of humanitarian protection for individuals who are likely to be persecuted back in their home countries because of a protected characteristic. Created by the Immigration and Nationality Act, withholding of removal is a lot like asylum. However, it might be your only option to defeat being removed from the country.
To qualify, you must show it is more likely than not that you will face persecution in your home country based on one of the following characteristics:
- Nationality
- Religion
- Race
- Political opinion
- Membership in a particular social group
The burden is higher than the standard for asylum, which is only “credible fear.” As an example, you could be persecuted because you belonged to a minority political party which is out of power and facing death threats or violence from the current government. Other people are religious minorities facing persecution from the majority.
There are benefits to seeking withholding of removal instead of asylum. For one, there is no one-year filing deadline. Also, withholding of removal is mandatory if the judge finds that you will likely face persecution. Asylum is discretionary.
The differences can matter. Because withholding is mandatory, it might be the preferred route given the hostility of some immigration officials to asylum claims.
How We Can Help
No one should fight removal on their own. This is a complicated legal process. Once you are deported, it can be difficult to get back into the country, so you should raise the strongest defense possible.
Our firm can review if you qualify for withholding of removal. We can also check if there are any bars, such as conviction for a serious crime. Empowerment Legal excels at analyzing the facts and coming up with a game plan to help our clients in removal proceedings.
Our firm can gather necessary information and supporting documentation to make a claim. Many immigration judges are not aware of conflicts in foreign countries. They might not know why you fear persecution based on your religion, race, or social group. We can lay the factual foundation for your claim.
If you don’t qualify for withholding of removal, we can analyze what other defenses you might raise, such as asylum or cancellation of removal.
Facing Deportation? Call Our Office
Empowerment Legal understands the procedures and relevant law related to removal. Our legal team has fought to help migrants stay united with their families here in the U.S. Contact us to speak with a Jacksonville deportation and removal attorney in a private consultation. There is no reason to wait.