Withholding is similar to asylum, in that it provides protection for persons fleeing persecution on account of one of the five grounds. While similar, withholding actually requires a higher standard of proof. Thus, in order to obtain mandatory withholding, which also is referred to as “restriction on removal,” an individual must show by a clear probability that he or she faces the a threat to their life or freedom in the proposed country of removal.
Clear probability means that it is more likely than not that the person would be subject to the harm. The “clear probability” standard is a more difficult one to meet than the “well-founded fear” standard for asylum.
If a person is not able to qualify for asylum in the exercise of discretion or because of failure to meet the one-year deadline, he or she may be granted withholding if he or she can meet this higher standard. This relief only protects the person from being removed to the country where he or she faces harm, and it does not prevent the U.S. government from obtaining permission from a third country to accept the person (as long as the person faces no harm there and the third country will not remove the person to the country of nationality).
Restriction on removal does not qualify the person for permanent residency or allow the person to confer derivative status on his or her spouse or child, as is the case with asylum.
At Arnaout Immigration Law Firm, we believe in guiding our clients through the complex immigration process with reliable, effective, and informative counsel. When you are facing deportation or removal, it is important that you work with a trusted Los Angeles immigration lawyer who can walk you through the process and help you select your best option, such as withholding.
Ready to discuss your case with our firm? Call (818) 276-9900 for an immigration consultation.