Withholding of Removal pursuant to INA § 241(b)(3) states that the Attorney General may not remove an alien to a county where his or her life or freedom would be threatened because of his race, religion, nationality, membership in a particular social group, or political opinion. The level of proof is “clear probability” (“more likely than not”) that the person to be removed from the United States will be subjected to persecution if forced to return to the country of removal. While this is a higher standard than asylum, Withholding of Removal is mandatory if you are establish that your life or freedom will be threatened upon removal based on one of the protected categories. A Withholding of Removal application should be filed within a year of arrival in the United States, unless changed or extraordinary circumstances are present pursuant to 8 CFR § 208.4(a)(5). Seealso INA § 208(a)(2)(B); 8 CFR 208.4(a)(2). Barring changed circumstances, an applicant is barred from seeking Withholding of Removal if his or her prior asylum application has been denied, but not if a prior application for Withholding of Removal had been denied. Persons who are granted Withholding of Removal are not entitled to receive permanent residency in the United States and may still be removed to a third country. Keep in mind that an asylum application is automatically deemed to be an application for Withholding of Removal.
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The Marzec Law Firm, PC is conveniently located in downtown Manhattan, Williamsburg-Brooklyn, Clifton-New Jersey, and Stroudsburg, Pennsylvania. The Firm currently serves clients in New York, New Jersey, Connecticut, Pennsylvania, Massachusetts, California, Florida, and Illinois. Click here for directions to the New York City office.
