Deportation and Removal Proceedings-Withholding of Removal, similar to asylum, is rooted in a well-founded fear of persecution.

Unlike asylum, where the decision is discretionary, withholding of Removal must be granted by an immigration judge if the applicant can substantiate their case.

However, withholding necessitates a more stringent “burden of proof.” In contrast to asylum’s “reasonable” standard, where a “10% chance of being shot” might be sufficient, a withholding case requires a “clear probability” of future persecution, meaning “more likely than not.”

If withholding is granted, the judge issues a deportation or Removal order but “withholds” its execution, allowing the applicant to stay in the U.S. and work without restrictions. However, a grant of withholding does not permit the immigrant to petition for other family members or apply for permanent residence.