Also known as: withhold removal · withholding removal · withholding
Written by attorneys · grounded in primary & secondary sources — see below
A mandatory form of relief from removal under which a noncitizen cannot be deported to a particular country where the noncitizen's life or freedom would be threatened because of race, religion, nationality, membership in a particular social group, or political opinion. Relief is granted when the noncitizen meets the statutory standard and is not subject to statutory bars. The protection applies only to the designated country and does not confer lawful status or prevent removal to a safe third country.
Willow Walker, a noncitizen facing removal proceedings, applies for withholding of removal after establishing a well-founded fear of persecution in her home country. The immigration judge grants the relief because her life would be threatened on account of political opinion. Willow remains in the United States and cannot be sent back to that country.
Wren Wallace, a noncitizen parent, seeks withholding of removal after proving a clear probability of harm based on religious affiliation. The court grants the protection because the statutory standard is satisfied and no bars apply. Wren cannot be removed to the country of danger.
Wyatt Wilson files for withholding of removal while removal proceedings are pending. The agency argues the claim is unripe because no final order has issued. The court finds the issues fit for decision and that withholding court consideration would impose hardship, allowing the claim to proceed.
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Wanda Weaver, a noncitizen, requests withholding of removal on the ground that her life would be threatened because of nationality. The immigration judge finds the clear probability standard satisfied and grants relief. Wanda may not be deported to that country.
Walter Washington, a noncitizen facing removal, establishes a clear probability of persecution on account of membership in a particular social group. The court grants withholding of removal. Walter cannot be returned to the designated country.
William Williams obtains withholding of removal on the basis of threatened harm tied to nationality. The government later identifies a safe third country and removes him there. The withholding protection continues to bar return only to the original country of danger.
Withholding of removal is mandatory once the noncitizen meets the statutory standard, whereas asylum is discretionary. Withholding prevents removal only to the country of danger and does not confer lawful immigration status or allow adjustment of status.
The noncitizen must show that life or freedom would be threatened on account of a protected ground, which courts interpret as a clear probability or more likely than not standard. This is a higher threshold than the well-founded fear standard used for asylum.
Yes, but termination requires a motion to reopen and a showing that the threat no longer exists. Deferral of removal under the Convention Against Torture is more easily terminated by a simple motion to schedule a hearing.
No, it only bars removal to the specific country where the threat exists. The government may still remove the noncitizen to a safe third country if one is available.
…Ogden , 9 Wheat., at 195 ("The enumeration presupposes something not enumerated"). The Constitution mandates this uncertainty by withholding from Congress a plenary police power that would authorize enactment of every type of legislation. See Art. I, § 8. Congress has operated within this framework of legal uncertainty ever…