Immigration Law
Withholding of Removal
Withholding of Removal
Withholding of Removal is a form of protection granted to individuals who can demonstrate that returning to their home country would likely result in persecution based on race, religion, nationality, membership in a particular social group, or political opinion. It is often sought as a defense in removal proceedings when an individual does not qualify for—or has missed the deadline to apply for—asylum.
Unlike asylum, withholding of removal does not grant lawful permanent residency, a pathway to citizenship, or the ability to petition for family members. Instead, it prohibits the U.S. government from removing the individual to a specific country where they would face persecution. The person may remain in the United States and obtain work authorization but may still be removed to a third country willing to accept them.
To qualify, the applicant must meet a higher legal standard of proof than asylum applicants—showing that it is “more likely than not” that they would be persecuted if returned to their home country. Evidence may include personal testimony, witness statements, expert reports, and country condition documentation.
Withholding of removal is sometimes accompanied by other forms of protection, such as relief under the Convention Against Torture (CAT), which protects individuals from being returned to countries where they are likely to face torture.
At Pardalis & Nohavicka, we have extensive experience representing clients in complex removal proceedings, including cases involving withholding of removal. Our attorneys develop detailed legal strategies, gather persuasive evidence, and advocate vigorously before immigration judges to protect our clients’ safety and rights.
If you are facing removal and believe returning to your home country would endanger your life or freedom, contact Pardalis & Nohavicka at contact@pnlawyers.com or call to schedule a confidential consultation.
