Withholding of removal is a form of immigration relief that stops the government from deporting a person to a country where their life or freedom faces threats because of race, religion, nationality, membership in a particular social group, or political opinion. If you qualify, the immigration judge must grant withholding of removal, which allows you to stay in the U.S. and work legally.
If you face deportation in North Carolina and fear returning to your home country, the right legal help can change your future. At EMP Law, we represent individuals in removal proceedings throughout North Carolina. Our immigration attorneys prepare each case thoroughly, present strategic legal arguments, and guide clients with compassion from the first consultation to the final decision. We fight to protect your safety and your right to remain in the United States.
What Is Withholding of Removal?
Under U.S. immigration law, withholding of removal prevents the government from deporting noncitizens to a specific country where they risk their life or freedom. It allows you to live and work in the U.S. but does not offer a path to a green card or citizenship. Withholding of removal also does not stop the government from sending you to a third country.
When Can You Request Withholding of Removal?
When the government places you in removal (deportation) proceedings, they provide you with a notice to appear (NTA). That NTA initiates immigration court proceedings.
Next, you have a master calendar hearing for scheduling and to tell the immigration judge and Immigration and Customs Enforcement (ICE) attorney whether you are claiming any defenses to deportation and, if so, what. At that point, you can request withholding of removal.
Withholding of Removal Requirements
Withholding of removal requirements include that you must:
- Show that it is more likely than not that you will face persecution in your home country;
- Prove that the threat exists because of your race, religion, nationality, political opinion, or membership in a particular social group; and
- Not have committed any disqualifying crimes.
You generally have to testify in court about your fear of return and answer questions from the judge and the government’s attorney.
How to Request Withholding of Removal
You request withholding of removal by completing Form I-589, Application for Asylum and for Withholding of Removal, and submitting it to your immigration judge. With your application, you submit evidence showing you qualify, such as:
- A personal statement describing your experiences in the country and why you fear returning,
- Police reports,
- Medical records,
- Witness affidavits, and
- Country condition reports.
You apply for withholding on the same form you use for asylum, meaning you typically apply for both at the same time. You can check a box at the top of the application indicating you are also applying for withholding based on the International Convention Against Torture (CAT).
CAT protection stops the U.S. government from sending you to a country where you would likely face torture. Unlike standard withholding, CAT does not require that the threat be based on race, religion, nationality, political opinion, or membership in a social group. Immigration judges must grant CAT withholding if you prove it is more likely than not that officials or people the government cannot control will torture you if you return.
Difference Between Asylum and Withholding of Removal
The primary difference between asylum and withholding of removal is that you can qualify for withholding even if you fall short of asylum, but withholding provides fewer benefits.
In sum, core differences include:
| Asylum | Withholding of Removal | |
| Standard of proof | A reasonable possibility of persecution. | More than a 50% chance of persecution. |
| Benefits | Leads to a green card and citizenship. | Stops deportation and lets you work legally. |
| Discretion | Judges can deny asylum even if you qualify. | Judges must grant withholding if you meet the legal standard. |
| Eligibility limits | Subject to a one-year filing deadline. | Not restricted to the one-year asylum deadline. |
| Options for family members | Can sponsor family for green cards based on asylum. | Family must apply separately. |
Withholding of Removal Benefits
Withholding of removal benefits still include:
- Protection from deportation to a dangerous country,
- The right to remain in the U.S. legally, and
- Eligibility to apply for work authorization.
For many, these protections save lives.
Protecting Your Future in the United States
If you face possible deportation and fear returning to your country, withholding of removal could help. At EMP Law, we know what it takes to meet the high legal standard in asylum and withholding cases and have experience with complicated cases, including cases involving criminal histories. Contact us today to learn more.
Michael provides compassionate, diligent, and creative legal services that are tailored to meet each client’s specific needs. His experience relating to clients from diverse backgrounds makes him well suited for representing his clients across a broad range of legal areas. He practices in the areas of employment law and family law, and is experienced in criminal law.
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