Withholding of Removal in Maryland

Withholding of removal is a benefit that falls under the Convention Against Torture. Withholding of removal is a status that prohibits the government from returning an individual to his or her home country if he or she is likely to be tortured there. Only an immigration judge can grant withholding of removal as an individual can only apply for withholding if he or she is engaged in removal proceedings.

People can also be refused withholding of removal. There is a very high bar for an individual attempting to prove that he or she qualifies for withholding of removal. Importantly, the individual must not only show that it is possible that he or she will be tortured upon return, but that it is more than likely that this will occur.

Since withholding of removal in Maryland is not guaranteed, it is very important that a person has a Maryland asylum lawyer on their side to help portray the reasons why it is important this individual receives withholding of removal.

Circumstances of Refusal

If an individual cannot show that there exists a clear probability that he or she will be subject to torture upon return to his or her home country, it is unlikely that he or she will be granted withholding of removal in Maryland. Additionally, an individual may be prohibited from being granted withholding of removal if the government can show that he or she has engaged in the persecution of others, or that he or she has been convicted of a particularly serious crime that may disqualify him or her from protection under withholding.

Moreover, if the government can prove that the individual previously engaged in terrorism or is likely to engage in terrorism in the future, he or she may be barred from withholding of removal. An individual may also be disqualified if the government can prove that he or she committed a serious, non-political crime outside of the United States—for instance, something that would fall under the umbrella of an aggravated felony in the United States.

Comparison to Asylum

It is better for an individual to receive asylum than withholding of removal for two main reasons. The first reason is that an individual who is granted asylum can live permanently and indefinitely in the United States under this asylum status as long as he or she doesn’t do anything that violates his or her status, such as committing a crime.

The second reason is that one year after an individual has received asylum status, he or she can apply for a green card and, eventually, for citizenship under asylum status. In this way, asylum acts as an absolute path to permanent legal status in the United States. Withholding status, on the other hand, can be terminated if the government proves that a threat to the individual no longer exists.

What Else to Know

It is important for individuals to consider withholding of removal because, in many cases, individuals may be barred from applying for asylum if they have violated the one-year submission deadline or if they have committed criminal offenses that make them ineligible. In such circumstances, withholding of removal may be their only option to remain in the United States legally.

One important thing that individuals should know regarding withholding of removal is that this status limits and prohibits international travel. Because of this, if an individual who has been granted withholding of removal travels to any country outside the United States, he or she will be barred from returning.

One other limitation on this status is that it is person-specific, meaning if an individual has withholding status, his or her status does not extend to his or her family. Each individual in the family must prove his or her own case independently. This is different from asylum, which allows applicants to apply on behalf of their family members by indicating that their family members, as derivatives, will likely also be subject to persecution.

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