An alien applying for asylum can also apply for withholding of removal at the same time. Withholding of removal is an alternative to the asylum for a foreigner who fears to return to his home country. However, it should be noted that the grant of the withholding of removal does not result in the same benefits arising from the grant of asylum.
Withholding of removal is a remedy available to an alien who cannot go back to his home country because of a threat to his life or freedom. Under the Immigration and Nationality Act, an alien cannot be removed to a country if the alien’s life or freedom would be threatened in that country because of the alien’s race, religion, nationality, membership in a particular social group, or political opinion. INA § 214(b)(3)(A).
An alien is eligible for withholding of removal if he is able to establish that his life or freedom would be threatened because of one of the statutory grounds if he is removed to his home country. The alien will meet his burden of proof if he is able to show that it is more likely than not that his life or freedom would be threatened if he is removed to his home country. The “more likely than not” standard for withholding of removal is more difficult to meet than the standard for showing fear of persecution for asylum applicants.
However, if the grant of asylum is always discretionary, the immigration judge must grant withholding of removal if the applicant meets the “more likely than not” standard. The credible testimony of the applicant may be sufficient to meet his burden of proof. If the applicant is able to show past persecution in his home country there will be a presumption that the applicant’s life or freedom will be threatened if the applicant is removed to that country.
The application for asylum also constitutes an application for withholding of removal, and the alien does not have to submit a separate application for that purpose. However, it should be noted that in contrast to asylum, the withholding of removal may be granted only by the immigration judge. Furthermore, the withholding of removal may be granted even though the alien has filed the application one year after his arrival to the United States. Withholding of removal is not available to an alien if:
To sum up, withholding of removal is an option for aliens fearing to return to their home country if the alien is not eligible for asylum. Although the grant of withholding of removal does not result in permanent resident status an alien can legally stay and work in the United States without the fear of being removed to his home country.
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