Attorney Magdalena Cuprys publishes continuation of Instruction Series on "Relief from Removal"
Withholding of removal is an alternative form of relief for an individual fearing persecution in the country of origin.
By: Serving Immigrants, Inc.
Withholding of removal is an alternative form of relief for an individual fearing persecution in the country of origin. Generally, applicants file an Application for both Asylum and Withholding of Removal simultaneously on Form I-589.
In order to be granted withholding of removal, the applicant must meet a higher standard than that for asylum. Additionally, withholding can only be granted by an Immigration Judge, not by an Asylum Officer—so only if their case is referred to the Immigration Court from an affirmative application or begins in Removal Proceedings will withholding of removal be available to the individual applicant.
An applicant has the burden of demonstrating that it is more likely than not that they will face persecution on account of a protected ground if returned to his country of origin. Courts have held that the applicant must show that there is at least a 51% likelihood of suffering future persecution as compared to a likelihood of at least 10% in asylum cases.
In determining whether a crime is particularly serious, the court will look at:
1. the nature of the crime: For example - was it against a person or property;
2. the circumstances surrounding the crime;
3. the length of the sentence imposed/suspended;
4. whether the crime indicates that the individual is a danger to the community.
Please note that this article is meant solely to provide information and is not intended as legal advice. Any individual in need of such advice should always consult with qualified Immigration Counsel prior to attempting any such applications.
Magdalena Ewa Cuprys Bio
Magdalena Cuprys is the principal of Serving Immigrants, a full-service immigration law firm offering a complete range of immigration services to both businesses and individuals. The law firm is uniquely qualified to manage the most contentious and unusual immigration needs.
Attorney Profile: https://solomonlawguild.com/
Serving Immigrants Inc.
Magdalena Ewa Cuprys, Esq.