REMOVAL DEFENSE
A person who is present in the United States and served with a Form I-862, Notice to Appear ("NTA") or other charging document that has been filed with the immigration court may apply defensively for asylum, withholding or removal, and protection under the Convention Against Torture ("CAT").
If you or a family member are in detention, or have received an NTA and must appear in immigration court, you may want to seek various forms of relief. Some forms of relief include asylum and withholding of removal.
In particular, the United States protects those individuals who fear being deported to a country where they will face persecution. Asylum and withholding of removal are forms of relief granted to foreign national who are inside the United States or arriving at the border who meet the international law definition of refugee. A refugee is defined as "a person who is unable or unwilling to return to their country due to past persecution or a well-founded fear of future persecution "on account of" one of five protected grounds: race, religion, nationality, membership in a particular social group, or political opinion.
To prove that a person has a "well-founded fear" of persecution, a person must prove they have a 10 percent or more likelihood of persecution. Withholding or removal requires a higher standard of proof, which is that the person is "more likely than not" (or more than fifty percent likely) to suffer persecution if returned to their home country.
CIDBL focuses on individuals who are seeking asylum or withholding of removal. If you or a loved one are in detention or have received an NTA and have a future court hearing date, please contact us for a consultation.