Withholding of removal is an alternative form of relief for an
individual fearing persecution in their country of origin. Generally, applicants file an Application for
both Asylum and Withholding of Removal simultaneously on Form I-589.
In order to be granted withholding of removal, the applicant
must meet a higher standard than that for asylum. Additionally, withholding can
only be granted by an Immigration Judge, not by an Asylum Officer—so only if
their case is referred to the Immigration Court from an affirmative application
or begins in Removal Proceedings will withholding of removal be available to
the individual applicant.
An applicant has the
burden of demonstrating that it is more likely than not that they will
face persecution on account of a protected ground if returned to his country of
origin. Courts
have held that the applicant must show that there is at least a 51% likelihood
of suffering future persecution as compared to a likelihood of at least 10% in
asylum cases.
As in asylum law,
however, if the individual can show that they suffered persecution in the past,
then they benefit from a presumption of a well-founded fear of future
persecution. Further, withholding of removal is mandatory if the individual
meets the above clear probability test and establishes that he/she is not
barred from eligibility as discussed below.
Withholding of removal
is not subject to a one-year filing deadline and may be available for
applicants who have been convicted of certain crimes that might bar them from
asylum. In contrast to asylum, which is
a discretionary form of relief, withholding is mandatory if the applicant meets
the clear probability test.
An applicant who has won withholding of removal does not receive
as many benefits as an individual who is granted Asylum. The individual is eligible to seek work
authorization, however, they will not be able to “Adjust Status” to become
a Legal Permanent Resident (Green Card holder), nor can they ever become a
US Citizen.
Additionally, an individual granted/approved for withholding of
removal can never travel internationally, and does not have the ability to
petition for derivative status for immediate relatives.
Withholding of removal is NOT available to an applicant who:
1.
Is
someone who has engaged in persecution of another; or
2.
Has
been convicted of a particularly serious crime.
An aggravated felony conviction
does not automatically bar an applicant from withholding of removal unless he/she
received a 5-year or more prison sentence.
It doesn’t matter whether such sentence was actually imposed or
suspended.
An aggravated felony is presumed to be a
“particularly serious crime.” Again, other crimes not rising to the level
of an aggravated felony may also bar an individual from withholding of removal
if found to be particularly serious.
Anyone in this situation must always seek the counsel of a qualified
Immigration Attorney.
In determining whether a crime is particularly serious, the
court will look at:
1.
the
nature of the crime:
For example - was it against a person or property;
2.
the
circumstances surrounding the crime;
3.
the
length of the sentence imposed/suspended; and
4.
whether
the crime indicates that the individual is a danger to the community.
Please note that this article is meant
solely to provide information and is not intended as legal advice. Any
individual in need of such advice should always consult with qualified Immigration
Counsel prior to attempting any such applications.
*** Magdalena Cuprys is the principal of Serving Immigrants,
a full-service immigration law firm offering a complete range of immigration
services to both businesses and individuals. The law firm is uniquely qualified
to manage the most contentious and unusual immigration needs. Swift resolution
of immigration-related issues is integral to a client’s ability to conduct
business or reach their personal goals in the United States. Located in Miami
and Clewiston, the firm’s offices provide corporate and individual clients of
foreign nationality with temporary work permits for the U.S., green card
petitions, criminal waivers and representation in removal proceedings cases.
With over a decade of experience, the law firm provides clients with the
confidence that their cases will be handled by an expert who understands their
needs and how to obtain their goals. Although the majority of the law firm’s
clients live in Florida, it represents people from all over the United States
and several foreign countries. References Law Firm Website: https://magdalenacupryslaw.com Other Website:
http://ww.servingimmigrants.com
Member for the American Immigration Lawyers Association (AILA), see http://www.ailalawyer.com/english/AttorneyDetail.aspx?P=19738&A=40169
Lawyer Directory: https://www.lawyer.com/magdalena-ewa-cuprys.html
LinkedIn Profile: https://www.linkedin.com/in/magdalena-cuprys-265534a/
Martindale Attorney Directory: https://www.martindale.com/organization/magdalena-cuprys-2838433
Findlaw: https://pview.findlaw.com/view/4161404_1
Media News article “Broward Transitional Center: Immigrants With No Criminal
History Get Lengthy Stays At Little-Known Jail”, published at https://www.huffingtonpost.com/2013/01/06/broward-transitional-center-immigrants-detained_n_2417664.html
See also http://articles.sun-sentinel.com/2013-01-05/news/fl-private-immigration-jail-20130105_1_illegal-immigrants-deutch-human-rights-abuses/4
See also the news reports published at http://www.jambonewspot.com/new/little-known-jail-where-immigrants-in-us-with-no-criminal-history-get-lengthy-stays/
and https://www.wptv.com/news/state/immigrants-with-no-criminal-history-get-lengthy-stays-at-private-south-florida-facility
Ms. Cuprys recently prevailed in a hotly contested asylum cases against the
U.S. Department of Homeland Security, see press release at https://www.einpresswire.com/article/452266255/immigration-attorney-magdalena-cuprys-prevails-against-u-s-department-of-homeland-security-in-disputed-asylum-claim?r=pavx1xxw1Nt_HxqPVv
and https://www.prlog.org/12714538-in-disputed-asylum-claim-florida-immigration-attorney-magdalena-cuprys-prevails-against-dhs.html
Attorney Profile: https://solomonlawguild.com/magdalena-e-cuprys%2C-esq
Attorney News: https://attorneygazette.com/magdalena-cuprys#4ccbee9f-eb68-44a7-b1df-f0b2366ba5fb
Magdalena Cuprys is the principal of Serving Immigrants, a full-service immigration law firm offering a complete range of immigration services to both businesses and individuals. The law firm is uniquely qualified to manage the most contentious and unusual immigration needs. Swift resolution of immigration-related issues is integral to a client’s ability to conduct business or reach their personal goals in the United States. Located in Miami and Clewiston, the firm’s offices provide corporate and individual clients of foreign nationality with temporary work permits for the U.S., green card petitions, criminal waivers and representation in removal proceedings cases. With over a decade of experience, the law firm provides clients with the confidence that their cases will be handled by an expert who understands their needs and how to obtain their goals. Although the majority of the law firm’s clients live in Florida, it represents people from all over the United States and several foreign countries. References Law Firm Website: www.servingimmigrants.com Member for the American Immigration Lawyers Association (AILA), see http://www.ailalawyer.com/english/AttorneyDetail.aspx?P=19738&A=40169 Lawyer Directory: https://www.lawyer.com/magdalena-ewa-cuprys.html LinkedIn Profile: https://www.linkedin.com/in/magdalena-cuprys-265534a/ Martindale Attorney Directory: https://www.martindale.com/organization/magdalena-cuprys-2838433 Findlaw: https://pview.findlaw.com/view/4161404_1 Media News article “Broward Transitional Center: Immigrants With No Criminal History Get Lengthy Stays At Little-Known Jail”, published at https://www.huffingtonpost.com/2013/01/06/broward-transitional-center-immigrants-detained_n_2417664.html See also http://articles.sun-sentinel.com/2013-01-05/news/fl-private-immigration-jail-20130105_1_illegal-immigrants-deutch-human-rights-abuses/4 See also the news reports published at http://www.jambonewspot.com/new/little-known-jail-where-immigrants-in-us-with-no-criminal-history-get-lengthy-stays/ and https://www.wptv.com/news/state/immigrants-with-no-criminal-history-get-lengthy-stays-at-private-south-florida-facility Ms. Cuprys recently prevailed in a hotly contested asylum cases against the U.S. Department of Homeland Security, see press release at https://www.einpresswire.com/article/452266255/immigration-attorney-magdalena-cuprys-prevails-against-u-s-department-of-homeland-security-in-disputed-asylum-claim?r=pavx1xxw1Nt_HxqPVv and https://www.prlog.org/12714538-in-disputed-asylum-claim-florida-immigration-attorney-magdalena-cuprys-prevails-against-dhs.html Attorney Profile: https://solomonlawguild.com/magdalena-e-cuprys%2C-esq Attorney News: https://attorneygazette.com/magdalena-cuprys#4ccbee9f-eb68-44a7-b1df-f0b2366ba5fb
