Could you tell me what this mean???

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Bouki

Registered Users (C)
Hi guys,

I got a couple of question to ask, just in case any of you faced the same problem.

1-Could you tell me what is the difference between asylum and withholding of removal?:confused:

2-What does this mean: 8CFR 208.7(a)(1).:confused::(

Is there somebody who applied for asylum with the anaheim asylum office but haven't received any decision yet?

My cousin applied, he had interview( At what they call district office)since august 2007, he was told that his decision will be sent by mail, but unfortunately nothing is sent till now.:(
 
§ 208.16 Withholding of removal under section 241(b)(3)(B) of the Act and withholding of removal under the Convention Against Torture.
(a) Consideration of application for withholding of removal. An asylum officer shall not decide whether the exclusion, deportation, or removal of an alien to a country where the alien's life or freedom would be threatened must be withheld, except in the case of an alien who is otherwise eligible for asylum but is precluded from being granted such status due solely to section 207(a)(5) of the Act. In exclusion, deportation, or removal proceedings, an immigration judge may adjudicate both an asylum claim and a request for withholding of removal whether or not asylum is granted


Immigration Basics – Withholding of Removal

Withholding of removal is an alternative form of relief for an individual fearing persecution in her country of origin. Generally, applicants file an application for both asylum and withholding of removal at the same time on form I-589. In order to be granted withholding of removal, the applicant must meet a higher standard than for asylum. Additionally, withholding can only be granted by an Immigration Judge, not by an Asylum Officer.

6.1 Withholding of Removal – A Higher Standard

An applicant has the burden of demonstrating that it is more likely than not that he or she will face persecution on account of a protected ground if returned to his country of origin.1 Courts have held that the applicant must show that there is at least a 51% likelihood of suffering future persecution as compared to a likelihood of at least 10% in asylum cases. See Section # 3.1.2. As in asylum law, however, if the individual can show that he suffered persecution in the past, then hie is given a presumption of a well founded fear of future persecution. Further, withholding of removal is mandatory if the individual meets the above clear probability test and establishes that he is not barred from eligibility as discussed below.

Withholding of removal is not subject to a one-year filing deadline and may be available for applicants who have been convicted of an aggravated felony. In contrast to asylum, which is a discretionary form of relief, withholding is mandatory if the applicant meets the clear probability test set forth in Stevic.

In the case of Molathwa v. Ashcroft, the Eighth Circuit found that there was not enough evidence demonstrating that Molathwa, a gay man from Botswana, would more likely than not be subject to persecution if returned to Botswana.2 The Court determined that an isolated incident where the police entered Molathwa's apartment without a warrant, the beating of a friend by relatives on the basis of his sexual orientation, and the incarceration of a gay man for two days who was caught engaging in sexual activity with another man did not amount to a pattern of harassment. Molathwa was not eligible for asylum because he had missed the one-year filing deadline. On the other hand, in Matter of Toboso-Alfonso,3 a gay Cuban man who had been forced to report regularly to the government and had been forced to attend a labor camp, did meet the heightened standard for withholding. Likewise, in Reyes-Reyes v. Ashcroft4 the Ninth Circuit remanded the case for further proceedings on the withholding and CAT claims where the applicant had been kidnapped, beaten and raped by non-government actors and the government had turned a blind eye to the mistreatment.

An applicant who has won withholding does not receive as many benefits as an asylee. The individual can seek work authorization; however, she will not be able adjust her status to become a legal permanent resident, nor can he become a citizen. Additionally a winner of withholding can never travel internationally, and does not have the ability to petition for derivative status for immediate relatives.

6.2 Bars to Eligibility for Withholding of Removal

An individual is not eligible for withholding of removal if he:

1. Is a persecutor; or

2. Has been convicted of a particularly serious crime.5 An aggravated felony conviction does not automatically bar an applicant from withholding of removal unless he received a 5-year or more sentence, imposed or suspended. An aggravated felony is presumed to be "particularly serious."6 Again, other crimes not rising to the level of an aggravated felony may also bar an individual from withholding of removal if found to be particularly serious.7

In determining whether a crime is particularly serious, the court will look at:

a. the nature of the crime, i.e. was it against a person or property;

b. the circumstances surrounding the crime;

c. the length of the sentence; and

d. whether the crime indicates dangerousness to the community.8



Good luck
 
To get asylum you need to establish a well founded fear of future persecution (or that you have already been persecuted). Withholding of removal requires you to establish that it is more likely than not that you will be persecuted in the future. So you need to prove a higher probability of harm to get withholding. You can also obtain withholding via a Convention of Torture claim.

Asylum provides more protections. It allows you to become a permanent resident and withholding does not. Asylum allows you to apply for your family members and you cannot do that for withholding. Withholding grantees cannot travel abroad while asylees can.

So in short witholding is harder to get and is less useful if you get it than asylum.

Bouki said:
Hi guys,

I got a couple of question to ask, just in case any of you faced the same problem.

1-Could you tell me what is the difference between asylum and withholding of removal?:confused:

2-What does this mean: 8CFR 208.7(a)(1).:confused::(

Is there somebody who applied for asylum with the anaheim asylum office but haven't received any decision yet?

My cousin applied, he had interview( At what they call district office)since august 2007, he was told that his decision will be sent by mail, but unfortunately nothing is sent till now.:(
Click to expand...
 
8CFR 208.7(a)(1) is a provision of this country's immigration regulations. CFR stands for the Code of Federal Regulations.

8CFR 208.7(a)(1) controls your ability to work as asylum applicants. Is there anything specific you need to know about this provision?
 
Thank you guys

Thanks for explainations, now it appears to be clear.
But still some confusions, what does it mean to apply for EAD under 8 CFR 208.7 ???

I wonder if my understanding is right, you mean that asylum can be won from either the AO or IJ right?
However, the Withdrawing of Removal can only be won from the IJ right?
 
bouki, WOR is something judge can give you if u don't qualify for asylum cos of one yera deadline issue but you may face problem if u r send back to the country where u faced persecution. but from AO, its asylum or referal to judge.

we are same, my bro is still waiting for decision for 45 days. hope we get yes or no decision soon,

hey WOR only allows you to live permenently in US and can get EAD for many years or for ever. but with WOR< u can't bring back ur family, can't apply or get green card, can't travel out of the country, but with asylum you can get all the above three.
 
Bouki said:
what does it mean to apply for EAD under 8 CFR 208.7 ???
Click to expand...


It means that you apply for permission to work as an asylum applicant. There are many potential ways in which you can get permission to work. An asylum application is one of those ways. 8 CFR 208.7 is the section of the law which says that some asylum applicants can work in the United States. 8 CFR 208.7 says that you can apply after your case has been pending for 150 days. It further says that if they issue a recommended approval of asylum then you can apply immediately.
 
well

jonny1 said:
bouki, WOR is something judge can give you if u don't qualify for asylum cos of one yera deadline issue but you may face problem if u r send back to the country where u faced persecution. but from AO, its asylum or referal to judge.

we are same, my bro is still waiting for decision for 45 days. hope we get yes or no decision soon,

hey WOR only allows you to live permenently in US and can get EAD for many years or for ever. but with WOR< u can't bring back ur family, can't apply or get green card, can't travel out of the country, but with asylum you can get all the above three.
Click to expand...

WOR does not exactly allow you to live here permanently. It basically means that you are welcome to stay here until conditions are safe enough for you to return (yes they do monitor country conditions and move to revoke WOR in appropriate circumstances). It is a somewhat precarious condition to be in (the Department of Education does not give these people loans for college for this reason).
 
Now I understand

Thank you Thankful and Jonny1.

You guys have been so helpful now I understand quite well.
JONNY,let's be positive whatever the circumstance,your brother's case will be ok, never have negative thougths.
Trust God.


Once again thank you guys.....

God bless you.

Bouki Edmond
 
Bouki if you want, you can go to the anaheim office to check the status. They only do checking of status on Wednesdays.
 
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