<  Eligibility

Withholding of Removal

Withholding of removal is a special type of order issued by an immigration judge to a person who demonstrates more than a 50% chance that they will be persecuted in their country of origin on account of their race, religion, nationality, membership in a particular social group, and/or political opinion. Like asylum, withholding of removal protects a person from being deported to a country where they fear persecution. However, withholding of removal is a very limited benefit in many ways.

Generally, when a person files for asylum, they automatically apply for withholding at the same time. There is no one-year filing deadline for withholding applications, and it is not discretionary.  That is, if someone proves that they are eligible for withholding, a judge must grant that application. There are also certain crimes which may disqualify applicants from winning asylum, but do not disqualify them from withholding of removal.

The information contained herein is for reference only and may not be up to date. It does not constitute legal advice. You should always consult an attorney regarding your matter.

This handbook is intended for use by pro bono attorneys and immigration attorneys working on LGBTQ/HIV asylum cases.