Fairfax Withholding of Removal
The basic requirements for withholding of removal are the same as those for asylum because an individual needs to qualify under one of the five protected grounds that are articulated in the asylum law. The difference is that the burden is higher for an applicant of withholding of removal. Because of this, it is extremely important to have a Fairfax asylum lawyer who knows all about the withholding of removal procedure.
Requirements
In order for asylum to be granted, there needs to be a clear probability of potential future persecution, which means that it is more likely than not that an individual is going to be persecuted in his or her home country.
It is important to note that an individual does not have to prove that it is more likely than not that he or she is going to be tortured in his or her home country. That is a different standard and does not apply in this case.
It is still the persecution ground as opposed to the torture ground, but it is a higher bar because the likelihood of persecution needs to be greater than 51%.
Keep in mind, some crimes will disqualify an individual for asylum which may not disqualify them from withholding of removal. There are a number of qualifiers to be considered which an attorney can help walk clients through upon request.
Potential for Refusal
A person can certainly be refused or denied withholding of removal if they are not believed to have met the standard. The standard is very high: it has to be more likely than not that a person is going to be persecuted in their home country.
However, there is one difference between withholding and asylum and that is that there is no discretion involved. If the judge believes that it is more likely than not that a person is going to be persecuted in their home country, they are not allowed to take discretionary elements into account.
For instance, if a person has a serious criminal record or long criminal record but none of the crimes statutorily disqualify them because they are not considered particularly serious, in an asylum case, a judge can still deny his or her application if they believe all grounds have been met. They can deny it under discretionary reasons just to say the individual is not deserving of being granted asylum because of prior conduct.
For withholding, if a person has proven that there is a clear probability of future persecution, then it is more likely than not he or she is going to be persecuted based on one of the five protected grounds, then a judge has to grant their application.
Benefits of Withholding vs Asylum
Withholding of removal is not as beneficial a status as asylum because it does not lead to legal permanent residence. If a person is granted asylum, they can apply for a legal permit of residence one year after the case is approved.
Also, a person is not allowed to get a refugee travel document, which would allow them to travel abroad. In addition, the government can rescind their status if there are improved country conditions that make it less likely that the individual will be persecuted upon return.
In reality, the government really does not have time to be continuously monitoring country conditions and to affirmatively rescind these cases. However, if there is an argument that the country conditions have improved then they are legally authorized to rescind it at any time.
Important Facts of the Case
An immigration judge can grant a withholding of removal.
In many cases, withholding of removal can be a very important avenue of release for individuals who cannot satisfy the one-year filing deadline for an asylum application. This is due to the fact that the one-year filing deadline does not apply for withholding for removal in Fairfax. It is important to consider as an option if a person does not meet the requirements for asylum.
Just like in an asylum application, an applicant’s credibility is enormously important to these cases. It is vital for an individual to make sure that he or she submitted extensive country conditions to corroborate his or her claim. Additionally, he or she is aware and prepared to address any discrepancies in his or her application or in his or her interview prior to his or her hearing.
How An Attorney Can Help
Seeking withholding of removal status in Fairfax requires an experienced lawyer who can guide and advise you throughout the process. An attorney familiar with the local law will be able to help you navigate the many steps and nuances involved.