Withholding

Withholding of Removal under INA § 241(b)(3)

# CAT# Withholding

Can You Be Deported to a Third Country If You Have Withholding of Removal?

The Trump Administration has started sending some migrants to third countries. There is little transparency around these operations, but so far, the deportees seem to be people who arrived recently at the Southern border. Regardless of their nationality or potential fear of persecution, the U.S. government is sending some migrants to third countries, such as Mexico, Guatemala, El Salvador, Honduras, Costa Rica, and Panama. In most cases, the returned migrants are then sent back to their home country, but in some cases, the third countries seem willing to hold (and perhaps detain) deported migrants, at least for a while. 

Could the Administration apply this same strategy to people who have been granted Withholding of Removal (WOR) or protection under the Convention Against Torture (CAT) ?

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By Jason Dzubow
# Withholding

Don’t, Until You Do!

DD is a former client who is now my intern. She was granted Withholding of Removal about a year ago. The Immigration Judge in her case denied asylum because DD had failed to file her application within one year of arriving in the U.S. For many reasons, Withholding is not as good as asylum–you never get … Read more

By Jason Dzubow
# Asylees and Refugees# CAT# Withholding

Virginia Denies Driver’s Licenses to Refugees

The Washington Post recently did an article about my client Hirut Bekele who has Withholding of Removal and who has a valid Employment Authorization Document (“EAD”), but who was denied a driver’s license by the Virginia DMV.  As a result of losing her license, Ms. Bekele also lost her job and now she and her young daughter may become … Read more

By Jason Dzubow
# Asylum Seekers# Withholding

Asylum for Albinos

In some parts of Africa, Albinism can be a death sentence.  A Canadian organization that advocates for people with Albinism (“PWA”), Under the Same Sun, reports on the dire situation of Albinos in Tanzania: [The sale of Albino body parts is] driven by the belief (in some areas of the country) that the body parts … Read more

By Jason Dzubow
# BIA# CAT# Immigration Court# Withholding

DHS and Mentally Ill Respondents: Why Is the Fox Guarding the Hen House?

I recently learned about the removal case of mentally ill man from Africa.  Several years ago, the man was granted Withholding of Removal from his country because he faced persecution there.  His immigration case was recently re-opened after he committed a crime rendering him ineligible for Withholding.  He might still be eligible for relief under the UN … Read more

By Jason Dzubow
# BIA# Withholding

“One Central Reason” and Withholding of Removal

In a decision issued last week, the Board of Immigration Appeals held that the “one central reason” standard for asylum also applied to withholding of removal pursuant to INA § 241(b)(3). See Matter of C-T-L-, 25 I&N Dec. 341 (BIA Sept. 14, 2010). Under the REAL ID Act, an alien is eligible for asylum only if … Read more

By Jason Dzubow
# Asylees and Refugees# Asylum# Asylum Seekers# CAT# Legislation# Withholding

A Short “Wish List” for the Refugee Protection Act

The RPA provides important new protections to asylum seekers, particularly the most vulnerable asylum seekers such as people who are pro se or detained.  However, I can think of a couple important issues that are not addressed.  Below are some problems that my clients have faced over and over again, and some suggested solutions. The … Read more

By Jason Dzubow
# Detention# Withholding

Disgrace at the DRO

Sometimes it seems that the purpose of the ICE Detention and Removal Office is to make life so miserable that people would rather return to a country where they fear persecution than remain any longer in the United States.  At least that is what the DRO has been doing to one of my clients.  Here’s the … Read more

By Jason Dzubow