Withholding of Removal
Withholding of removal is a form of protection under Section 241(b)(3) of the Immigration and Nationality Act that prevents the United States from removing an individual to a country where their life or freedom would be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion. It is often sought alongside or as an alternative to asylum.
The key differences between withholding of removal and asylum are significant. The burden of proof for withholding is higher: the applicant must show it is "more likely than not" (greater than 50% probability) that they would face persecution, compared to asylum's lower "well-founded fear" standard (which can be met with as little as a 10% chance of persecution). However, withholding has some advantages: there is no one-year filing deadline (unlike asylum), and certain bars to asylum eligibility (such as the one-year deadline or firm resettlement) do not apply.
The benefits of withholding of removal are more limited than asylum. While asylum leads to permanent resident status and eventually citizenship, withholding provides only protection from removal to the specific country of feared persecution. The individual does not receive a green card, cannot petition for family members, and could theoretically be removed to a third country. Withholding is also not discretionary — if the applicant meets the legal standard, the judge must grant it — whereas asylum is discretionary even if eligibility is established.
In practice, withholding of removal serves as a critical safety net for individuals who qualify for protection but are barred from asylum — most commonly because they missed the one-year filing deadline or because they were convicted of a "particularly serious crime" that bars asylum but not withholding (for crimes with sentences under certain thresholds).
Many asylum applicants also file for withholding of removal and protection under the Convention Against Torture (CAT) as alternative forms of relief, ensuring they have fallback options if asylum is denied.
Related Terms
Asylum
Protection granted to individuals who can prove they face persecution in their home country based on race, religion, nationality, political opinion, or membership in a particular social group. Must be applied for within one year of arrival (with exceptions).
Removal Proceedings
The formal process in immigration court where a judge determines whether a foreign national should be ordered removed (deported) from the United States or allowed to remain under some form of relief.
Removal Order
A judge's order requiring a person to leave the United States. Can be executed by ICE immediately (for detained individuals) or at a later date. A removal order carries a bar on future re-entry (typically 10 years).
Grant of Relief
A favorable decision where the immigration judge allows the respondent to remain in the U.S. This includes asylum grants, cancellation of removal, adjustment of status, withholding of removal, and other forms of protection.
Credible Fear Interview
A screening interview conducted by a USCIS asylum officer to determine if someone has a "significant possibility" of establishing eligibility for asylum. Those who pass are placed in removal proceedings with the opportunity to apply for asylum.