immigration law · claim
Withholding of removal is a form of protection under U.S. immigration law that prohibits the removal of an individual to a country where their life or freedom would likely be threatened due to race, religion, nationality, membership in a particular social group, or political opinion. It is distinct from asylum, as it does not provide a pathway to permanent residency.
The applicant must demonstrate a genuine fear of persecution if returned to their home country.
What to prove: It must be shown that the fear of persecution is subjective (personally felt) and objective (based on evidence demonstrating a reasonable likelihood of future persecution).
The persecution feared must be connected to a protected ground as defined by the law.
What to prove: The applicant must show that the feared persecution is based on one of the five protected grounds: race, religion, nationality, membership in a particular social group, or political opinion.
There must be a significant likelihood that the applicant would be harmed if returned.
What to prove: The applicant must present evidence showing that it is more likely than not that they would face persecution upon return, which is a higher standard than mere possibility.
The burden of proof lies with the applicant, who must demonstrate their claim by a preponderance of the evidence standard.
When studying for exams, focus on understanding the differences between withholding of removal and asylum. Be prepared to analyze fact patterns that involve the credibility of the applicant's fear and the evidence presented.