Withholding of Removal in Hemet: Protection from Deportation for Arab Immigrants
Alternative protection when asylum is not available
Quick Answer
Withholding of removal in Hemet provides critical protection for Arab immigrants who face persecution if returned to their home country. Unlike asylum, this relief has no filing deadline and may be available even after an asylum denial.
Reviewed for accuracy by
Maria Santos
DOJ Accredited Representative • 15+ years experience
For Arab families in Hemet and the surrounding Inland Empire communities of San Jacinto, Beaumont, and Banning, withholding of removal offers an important pathway to protection when asylum may not be available. SoCal Immigration Services provides compassionate support for those facing deportation proceedings.
Understanding Withholding of Removal
For Arab immigrants in Hemet facing removal proceedings, this relief may be the difference between safety and danger. The key requirement is proving that persecution is 'more likely than not' if returned—a higher standard than asylum's 'well-founded fear' standard.
Key Differences: Withholding vs. Asylum
| Factor | Asylum | Withholding of Removal |
|---|---|---|
| Filing Deadline | Within 1 year of arrival | No deadline |
| Burden of Proof | Well-founded fear (10%+) | More likely than not (50%+) |
| Can Apply Affirmatively | Yes | No (defensive only) |
| Path to Green Card | Yes, after 1 year | No |
| Family Included | Yes, derivative beneficiaries | No, must apply separately |
| Travel Outside US | With advance parole | Cannot travel abroad |
| Can Be Revoked If Conditions Change | Yes | Yes |
Eligibility Requirements in Hemet
- •You would more likely than not face persecution if returned
- •Persecution would be based on race, religion, nationality, political opinion, or social group membership
- •You have not committed certain serious crimes or security violations
- •You have not persecuted others
- •You are not firmly resettled in another country
Protected Grounds for Arab Immigrants
- •Religious persecution (Christians, minority Muslim sects, atheists)
- •Political opinion (opposition to authoritarian regimes)
- •Nationality (ethnic minorities facing discrimination)
- •Particular social group (journalists, activists, LGBTQ+ individuals)
- •Imputed political opinion (family members of dissidents)
The Withholding Application Process
- 1Immigration Court Proceedings
Withholding claims are heard in removal proceedings before an Immigration Judge, typically at the Los Angeles Immigration Court.
- 2Form I-589 Filing
Complete the asylum application form, which also covers withholding claims. Check the box for withholding of removal.
- 3Evidence Compilation
Gather country condition documentation, personal statements, witness affidavits, and expert testimony.
- 4Individual Hearing
Present your case before the Immigration Judge, including testimony and cross-examination.
- 5Decision and Appeal
Receive the judge's decision. If denied, you may appeal to the Board of Immigration Appeals (BIA).
Documentation You'll Need
- •Personal declaration describing past persecution and future fears
- •Country condition reports from State Department, Human Rights Watch, Amnesty International
- •News articles about conditions in your home country
- •Medical or psychological evaluations documenting trauma
- •Witness statements from family members or others with knowledge
- •Expert witness declarations on country conditions
- •Photographs, documents, or other evidence of persecution
Why Hemet Residents Choose SoCal Immigration
• Arabic-speaking staff who understand your cultural background
• Experience with Middle Eastern country condition documentation
• Compassionate support during stressful immigration proceedings
• Convenient consultations for Riverside County residents
• Connections to qualified immigration attorneys for court representation
Convention Against Torture (CAT) Protection
CAT protection requires showing that torture would be inflicted by or with the consent of a government official. This can apply even if you have criminal convictions that would bar other forms of relief.
Immigration Court Locations
• Los Angeles Immigration Court (Olive Street or Broadway locations)
• Processing times and hearing schedules vary
• Travel arrangements from Hemet require 90+ minute commute
We help coordinate documentation and preparation to ensure you're ready for your court dates.
FAQFrequently Asked Questions
Q:What happens if my asylum case was denied—can I still get withholding?
A: Yes, withholding of removal may still be available even after an asylum denial. The one-year filing deadline and certain bars to asylum do not apply to withholding claims. Your case will be evaluated under the higher 'more likely than not' standard.
Q:Can I get a green card through withholding of removal?
A: No, withholding of removal does not provide a path to permanent residence. It only protects you from being returned to the specific country where you face persecution. You may remain in the US and work, but cannot become a permanent resident through withholding alone.
Q:What if I have a criminal record?
A: Certain serious crimes can bar you from withholding of removal. However, the bars are narrower than for asylum. If you have criminal convictions, it's important to have your case evaluated to understand what protection may still be available.
Q:How long does the withholding process take?
A: Cases in removal proceedings can take 1-3 years or longer, depending on court backlogs. The Los Angeles Immigration Court has significant delays. During this time, you may be eligible for work authorization.
Q:Can my family be included in my withholding case?
A: Unlike asylum, withholding of removal does not allow derivative family members. Each family member must file their own claim for protection, though their cases may be heard together.
Q:What's the difference between withholding and CAT protection?
A: Withholding protects against persecution based on protected grounds (race, religion, etc.). CAT protects against torture by government officials. CAT has fewer bars and may be available even with serious criminal convictions.
Facing Deportation? We Can Help
If you or a family member is in removal proceedings and needs protection, contact us for compassionate, experienced assistance with your withholding of removal case.