Orlando withholding of removal lawyer John Gihon helps people obtain Withholding of Removal in the Orlando Immigration Court. If you or a loved one is in fear of persecution if deported to their home country and they are in deportation proceedings in the Orlando Immigration Court, call us now to discuss eligibility for Withholding of Removal.
Withholding of Removal is a form of relief from deportation in immigration court. The Immigration Judge orders, but withholds, the deportation. In certain circumstances, U.S. immigration laws do not allow for the removal of people to countries that persecute people based on their race, religion, nationality, membership in a particular social group, or political opinion. This form of relief is similar to asylum, but does not allow the person to obtain or keep their greencard. However, if you are not eligible for any other form of relief, withholding of removal can help.
WITHHOLDING OF REMOVAL ELIGIBILITY
In order to be eligible for Withholding of Removal, Orlando Withholding of Removal lawyer John Gihon would have to establish that if you were returned to your country of citizenship:
- Your life or freedom will be threatened on account of:
- membership in a particular social group, or
- political opinion
You are not eligible for Withholding of Removal if:
- Convicted of a "Particularly Serious Crime"
- Danger to the community
The Immigration Judge would determine if your conviction was for a particularly serious crime. An aggravated felony will be considered a particularly serious crime if you received a five (5) year sentence or more, however, an immigration judge could still consider an aggravated felony a particularly serious crime without the five year sentence. This standard is more forgiving than the standard required to establish eligibility for asylum, as all aggravated felony convictions bar asylum. Call Orlando withholding attorney John Gihon to discuss your eligibility for withholding of removal.
BENEFITS OF A GRANT OF WITHHOLDING OF REMOVAL
If the immigration judge grants Withholding of Removal, you will not deported. If you had a greencard, you would lose it, but you would be able to stay in the United States and in most cases, obtain employment authorization and a driver's license. Withholding of removal simply prevents ICE from physically deporting you while the conditions in your home country remain such that you continue to fear persecution if you were physically deported to that country.
APPLYING FOR WITHHOLDING OF REMOVAL
After an Immigration Judge finds that you are deportable, and if you are eligible for Withholding of Removal, Orlando withholding of removal lawyer John Gihon would file Form I-589 along with all accompanying documentary evidence with the Immigration Court. The Immigration Judge would schedule you for an Individual Hearing, which is very similar to a trial. The Immigration Judge would hear all of the evidence and would make the decision whether to grant Withholding of Removal. Both the government attorney and your attorney would submit evidence, present witnesses and make arguments to the Immigration Judge.
WITHHOLDING OF REMOVAL APPEAL
You can appeal the Immigration Judge's decision to the Board of Immigration Appeals (BIA). The BIA will look at the evidence that was presented to the Immigration Court and can reverse the Immigration Judge's decision.