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Withholding of Removal Attorney

While the Refugee Act adopts the well-founded fear standard, the standard for withholding of removal adopts the probability of harm standard. INA §241(b)(3). This section of the law is based on Article 33 of the Protocol and allows relief if the applicant’s life would be threatened if returned to his or her country. Withholding provides a mandatory prohibition against removal if the person’s life would be threatened for a protected ground. Popova v. INS, 273 F.3d 1251 (9th Cir. 2001).

A finding of past persecution establishes a well-founded fear of future persecution for withholding of removal purposes. If the person does not show past persecution, then he must demonstrate that it is more than likely that he will be persecuted on a protected ground. 8 CFR §208.16(b)(2). If the person fails to show that relocation is unreasonable, then he would not meet the criteria for withholding. 8 CFR §1208.16(b)(2). If relocation is found to be reasonable, then the applicant must show that it Is not. 8 CFR §1208.16(b)(3)(i). If the showing of relocation is rebutted, then the immigration judge must consider the same criteria for relocation under asylum. 8 CFR §1208.16(b)(3).

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