Withholding of Removal

What is Withholding of Removal?

Withholding of removal is a way to stop someone from being sent back (removed or deported) to their home country. It’s similar to asylum, but you have to prove there’s a higher chance you’ll be hurt if you go back home than you would for asylum. You can also apply for withholding of removal if you have been in the U.S. for more than one year, which is the deadline for asylum.

You can ask for withholding of removal if you can show that it’s very likely you’ll be hurt or punished in your home country because of:

• Your race
• Your religion
• Your nationality
• Your political beliefs (or what people think your beliefs are)
• Being part of a certain group (like being LGBTQ+ or part of a tribe)
• If you were hurt in the past (like being jailed or tortured) for one of these reasons, it’s assumed you’ll be in danger again if you go back.

If the immigration judge agrees, you won’t be sent back to your country. You might be sent to a different safe country. and you’ll be allowed to work in the U.S with an Employment Authorization Document (EAD)¹. You can find the application for an I-765 here.

Important: Your family members can’t come to the U.S. just because you got withholding of removal. You also can’t get a green card through withholding of removal.

Who Can't Get Withholding of Removal?

You can’t get this protection if²:

• You helped hurt or punish others
• You are a danger to the U.S.
• You were found guilty of a very serious crime (like drug dealing or violent crimes)
• You committed a serious crime, even if it wasn’t political
• If you have a criminal record, it’s very important to talk to an immigration lawyer. Not all lawyers know immigration law, so make sure to find one who does.

What is CAT (Convention Against Torture) Protection?

CAT protection is another way to stop deportation. The U.S. agrees not to send people to countries where they are likely to be tortured.

Torture means someone causes you extreme pain or suffering on purpose—either physically or mentally– when that person is a government official or an official agrees to it

You can get CAT protection if you can show that you’ll be tortured for reasons like:

• To get information or a confession
• To punish or scare you
• Because of discrimination
• The torture must be done by the government or someone the government knows about and doesn’t stop.

If the judge agrees, you won’t be sent back to your country. You might be sent to another safe country. You’ll be allowed to work in the U.S. if you get CAT protection.

Note: Like withholding of removal, CAT protection doesn’t let your family come to the U.S. based on your case.

Who Can't Get CAT Protection?

You can’t get CAT protection if:

• You helped hurt or punish others
• You are a danger to the U.S.
• You were found guilty of a very serious crime
• You committed a serious crime, even without being found guilty

Again, if you have criminal issues, talk to an immigration lawyer.

How Do I Apply?

To apply for withholding of removal or CAT protection, you use Form I-589. This is the same form used for asylum.

There is a fee of $100 for this form.  There is no deadline for sending in this form, but the process is complicated. It’s a good idea to talk to an immigration lawyer before you apply.

At the hearing, you (or your lawyer) must show that it’s more likely than not that  you’ll be hurt or tortured if you go back to your country. A lawyer from the government will try to show that you’re not in danger and can be safely deported.

The judge will decide based on the evidence If your request is denied, you can appeal the decision.