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Immigration Law - Asylum - General Questions

  Page 24 of 30

What is withholding of removal?
If the immigration judge in his/her discretion turns down your asylum claim, you still can remain temporarily in the U.S. under the withholding of removal law. Withholding of removal is in some ways similar to asylum, but is governed by a higher standard, requiring applicants to establish that it is “more likely than not” their life or freedom is threatened if returned to the proposed country of removal. (An applicant for asylum need only demonstrate a well-founded fear of persecution.) However, the individual may be deported or relocated to another third country.

You do not qualify for withholding of removal if you have engaged in genocide, persecuted others, been convicted of a particularly serious crime, committed a serious non-political crime outside the US or represent a danger to US security.
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