It is helpful to understand the basics of "withholding of removal" before applying for this type of immigration relief. The following information will provide you with a basic understanding of withholding of removal, and help clear up some of the misinformation you may have heard about the process.
There are grounds for disqualification for certain categories of individuals who might otherwise have had a valid claim for withholding of removal. In the following instances, deportation of an individual will not be withheld (withholding of removal will not be granted), despite the fact that the individual meets the "clear probability" test demonstrating that his/her life or freedom would likely be threatened:
1) The applicant ordered, incited, assisted, or otherwise participated in the persecution of any other person on account of race, religion, nationality, membership in a particular social group, or political opinion;
2) The applicant constitutes a danger to the U.S. community, having been convicted by a final judgment of a particularly serious crime. The determination of whether someone has committed a particularly serious crime is extremely fact-specific. However, a person convicted of an aggravated felony for which he/she was sentenced to an aggregate term of imprisonment totaling 5 years will be considered to have committed a particularly serious crime;
3) Where there are serious reasons for considering that the applicant has committed a serious, nonpolitical crime before arriving in the U.S.;
4) Where there are reasonable grounds to believe that an individual is a danger to U.S. security, or meets the definition of a "terrorist" as defined in INA ? 237(a)(4)(D); or
5) The applicant engaged in genocide or was a Nazi, as defined in INA ? 237(a)(4)(B).