Arlington Asylum Withholding of Removal
Withholding of Removal is a benefit that entitles the beneficiary to remain in the US and receive work authorization upon a showing that it is more likely than not that a person will be persecuted on account of their race, nationality, religion, political opinion, and membership in a particular social group.
When individuals are granted Withholding of Removal it is in lieu of being granted asylum. Applicants for asylum who are barred can be granted Arlington asylum withholding of removal by demonstrating it more likely than not that they will be persecuted on account of their race, nationality, religion, political opinion, or membership in a particular social group.
What is the Role of Withholding of Removal?
While being an important benefit under immigration law, Arlington asylum withholding of removal does not permit the individual granted the benefit to apply for a Green Card or in the future apply for citizenship based upon Withholding. Certain state benefits are not granted to individuals granted Withholding of Removal based on state law.
When an asylum applicant submits an asylum application, the asylum applicant can select to be considered for protection under the Convention Against Torture (CAT). CAT is an international treaty in which the United States will not return an individual to a country in which the individual likely to be tortured by his or her home country or with the acquiescence of the home country.
What is the Distinction from Convention Against Torture?
There is a distinction between Withholding of Removal under the Act and protection under CAT. Withholding of Removal under the INA means that the applicant must prove that he or she will be persecuted on account of his or her race, nationality, religion, political opinion, or membership in a particular social group.
An applicant for protection under CAT the applicant has to show that the individual will be tortured. The applicant need not demonstrate that the torture will occur because of the applicant’s race, nationality, religion, political opinion, and membership in a particular social group.
Withholding of Removal vs Asylum
Immigration judges grant Withholding of Removal. Asylum provides a path to lawful permanent resident status (Green Card) while Withholding of Removal does not. Withholding of Removal will only provide authorization to remain in the US and permission to work. Asylum is a better benefit than Withholding of Removal or protection under CAT because there is a path to lawful permanent resident status (Green Card) and citizenship.
Withholding of Removal is an important benefit under immigration law because it provides the protection of not being returned to a country in which the applicant will be harmed because of their race, nationality, religion, political opinion, or membership in a particular social group.
Can People be Refused?
Applicants can be denied asylum, Withholding of Removal, and protection against the Convention Against Torture if the applicant cannot demonstrate that they meet the criteria for the benefit sought. Why is this? An applicant can be denied because they do not meet the criteria for protection or is barred due to criminal grounds or national security grounds. Someone who has been convicted of certain crimes will be found ineligible for asylum and Withholding of Removal.
Can Someone Apply for CAT if they Are Denied Withholding of Removal?
If someone is found ineligible for asylum based upon the one-year filing deadline, he or she will still be considered for Arlington asylum withholding of removal. If the applicant is barred from Withholding of Removal due to criminal bars or because there is fear of harm at the hands of the government or with the acquiescence of the government but not based upon a protected ground, the applicant will still be considered for protection under CAT.
A grant of protection under CAT does not provide a path to lawful permanent resident status (Green Card). The applicant will be permitted to remain in the US and receive work authorization only. Applicants should know that protection under CAT or Withholding of Removal do not provide a path to lawful permanent Resident status (Green Card) and therefore no path to citizenship.
There are two significant distinctions between Withholding of Removal under the Act and protection under the Convention Against Torture. The first is that the applicant must prove two different things; persecution on account of one of the protected grounds for Withholding and the likelihood of torture for CAT. The other is that while there are certain crimes that make one ineligible for protection under Withholding, there are no such bars for CAT.