Withholding of Removal Deportation Defense
Facing the possibility of deportation is difficult. It is stressful and the anxiety it causes can be all consuming. This is the time to look at your legal options for staying in the country. Even if an order of removal has been signed, there is still a chance you could legally stay in the U.S. For instance, withholding of removal may still be ordered by a judge after an order of removal has been issued. Talamantes Immigration Law Firm will evaluate all possible options for you to avoid deportation.
What is the Withholding of Removal Defense Against Deportation?
Withholding of removal is relief available to a person who fears they will be persecuted in their country of origin. The person requesting the relief must show that there is greater than a 50% chance that they will be persecuted in his or her home country on the basis of:
- Membership in a certain social group
- Political opinion
The fact that the individual is asking to stay in the U.S. because of a real threat of persecution in their country of origin makes withholding of removal similar to a request for asylum. Withholding of removal, however, is different from asylum in many important ways.
For instance, an applicant for withholding of removal has a higher standard to meet than an asylum applicant. The applicant carries the burden of showing that it is more likely than not that they will be persecuted if returned to their country of origin. To show that you will likely be persecuted, you can show that you have been persecuted in the past. This would be strong evidence of the likelihood you will face persecution once again.
In an asylum case, an asylum officer or an immigration judge may grant the asylum application. In the alternative, only an immigration judge that is hearing a case for a person who is in removal proceedings may grant withholding of removal. Applications for withholding of removal are made on form I-589, the same form used for asylum applications.
If you are granted withholding of removal, you are protected from deportation to the country in which you fear you will be persecuted. The government does, however, reserve the right to deport you to a country other than the one from which you were granted withholding of removal. Additionally, know that being granted withholding of removal gives you no pathway to a green card or U.S. citizenship. In a withholding of removal case, an order of removal is generally issued and then withheld. This means that, in order to pursue other immigration options, you would have to reopen your removal proceedings. This is risky because it puts the initial approval of withholding of removal in jeopardy and you could possibly be deported.
Also important to note if you have been granted withholding of removal is that you must pay a yearly renewal fee for employment authorization documentation in order to keep the right to work in the U.S. Also, you are not permitted to travel outside of the U.S. If you choose to do so, it will be considered a self-deportation and the order of removal issued by the immigration judge will go into effect.
Working to Defend You Against Deportation
Exploring ways to defend against deportation may be complicated and involved, but it is worth it. There are options for you to stay in the U.S. and Talamantes Immigration Law Firm, APC is committed to looking at every possibility. Contact Talamantes Immigration Law Firm, APC, in Chula Vista today.
Posted in: Deportation Defense