Immigration Judges have the authority to grant Withholding or Removal to aliens who do not qualify for asylum (i.e. did not comply with the 1 year filing rule).
The burden of proof is on the applicant to show that his life or freedom would be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion should he or she be forced to return home.
Standards of Proof in Withholding of Removal Cases
The standards applied by Immigration Judges are as follows:
More Likely Than Not
The applicant must prove that it is “more likely than not” that he or she would be persecuted on account of race, religion, nationality, membership in a particular social group, or political opinion.
Past Persecution Presumes Likelihood of Future Persecution
If the applicant is determined to have suffered past persecution such that his life or freedom was threatened in the proposed country of removal on account of race, religion, nationality, membership in a particular social group, or political opinion, it shall be presumed that his or her life or freedom would be threatened on return to that country unless a preponderance of the evidence establishes that conditions in the country have changed to such an extent that it is no longer more likely than not that the applicant would be persecuted there.
Pattern and Practice of Persecution
In evaluating whether the applicant has sustained the burden of proving that his life or freedom would be threatened in a particular country on account of race, religion, nationality, membership in a particular social group, or political opinion, the officer or judge hearing the case shall not require the applicant to provide evidence that he would be singled out individually for such persecution if:
- The applicant establishes that there is a pattern or practice in the country of proposed removal of persecution of a group of persons similarly situated to the applicant on account of race, religion, nationality, membership in a particular social group, or political opinion; and
- The applicant establishes his own inclusion in and identification with such group of persons such that it is more likely than not that his life or freedom would be threatened upon return.
Over 20 Years Experience in Handling Withholding Cases
The Pappas Group of Orlando has represented clients more than 100 different countries in successful Withholding of Removal cases.
We analyze each deportation case to determine which form or forms of relief we will pursue on our client’s behalf. In most cases, we pursue Asylum, Withholding of Removal and Convention Against Torture claims of relief.
We prepare our clients for what to expect at trial and go over their testimony with them several times prior to trial.
Withholding of Removal not as Beneficial as Asylum
Withholding or Removal will allow the applicant to stay in the United States legally, however, this form of relieve it is not as good as Asylum for two reasons:
- You can not apply for a green card as a result of a grant of Withholding; and
- You can not travel out of the country while you are in Withholding status