Learning About the U.S. Immigration System: Withholding of Removal

By Keith A. Pabian, Esq.

Aba entered the United States in January 2007 after leaving her home country in Africa.  Aba had a very stressful and tragic life in Africa.  Her country has been at war for over a decade and many radical groups within the country have been trying to take over control of the country.  Aba has witnessed government soldiers murder and torture members of her family and has been threatened that she will be killed in the future.

On February 6, 2008, Aba applied for asylum so that she would be safe by not having to return to such horrible conditions in her country.   However, Aba’s asylum case was recently denied by an immigration judge.  Despite all of the horrible events that Aba has witnessed, she cannot be granted asylum.  Instead, the judge granted Aba Withholding of Removal.

Withholding of Removal is often granted to people who are not eligible to asylum because of a crime they committed in the United States or because they did not apply for asylum within one year of entering the United States.  Under U.S. immigration law, with a few exceptions, people must apply for asylum within one year of entering the United States.

The positives of Withholding of Removal are that the U.S. government can never send the person back to the country where they were tortured or are afraid to return.  Therefore, Aba can never be sent back to the horrible conditions in her country.  Additionally, if Aba marries a United States lawful permanent resident or U.S. Citizen, they can petition for Aba to obtain a green card.  Similarly, a U.S. employer can also help Aba obtain a green card.

However, there are several negatives of being granted Withholding of Removal.  First, the government can try to arrange for a country other than the country that harmed that person to house them.  Therefore, the U.S. can arrange for England to take Aba in and house her there.  Second, if Aba ever leaves the United States, she will be unable to return.  Therefore, if Aba has a parent living in Canada and her parent becomes ill, she cannot go visit her parent without risking that she will be unable to return to the United States.  Finally, unlike an asylee or a green card holder, Aba cannot petition for her relatives to join her in the United States.  Therefore, if she has a child living in Africa, unless that child also applied for asylum with her and was given Withholding of Removal, Aba cannot apply for her child to join her in the United States.

Clearly, Withholding of Removal has a great benefit as it protects a person from returning to a harmful situation.  However, there are many negatives that must be understood when presented with Withholding of Removal.