Withholding of Removal
Our immigration attorneys at the Law Offices of Shorstein, Lasnetski, & Gihon help 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.
In order to be eligible for Withholding of Removal, you must 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
- Convicted of a "Particularly Serious Crime"
- Danger to the community
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.
After an Immigration Judge finds that you are deportable, and if you are eligible for Withholding of Removal, you 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.
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.