People across Maryland and around the country have followed with ever-increasing closeness the deportation case of Prince George’s County resident Kilmar Abrego Garcia. The case has brought several aspects of immigration law into the public eye. Most people are familiar with some of the terminology; other terms are likely new. While the issues surrounding this man’s deportation raise many important and unsettled questions, the controversy shows clearly that immigration matters can be complicated, intricate, and multi-layered. That is why, if you are facing deportation or other immigration action, you need a Maryland immigration lawyer on your side who possesses a complete and in-depth understanding of all aspects of immigration law.
Two of those terms are “asylum” and “withholding of removal.” People outside the community of immigration lawyers are more likely to be familiar with the former than with the latter. Today, we will examine both in some detail to help clarify the differences between them.
Asylum
Asylum specifically refers to a form of protection the U.S. grants to non-citizens who cannot return to their country of citizenship because doing so would place them at risk of persecution. To secure asylum, a non-citizen (or their attorney) must persuade an immigration judge not only that they fear persecution if returned to their country of citizenship, but that their fear is a “well-founded” one. A person may seek (and obtain) asylum whether they are documented or undocumented.
An asylum seeker whose petition succeeds receives certain benefits. A person granted asylum is eligible to petition to bring close relatives to the U.S., can apply for a Social Security card, and may travel overseas.
Withholding
Not everyone is eligible for asylum, however. For example, asylum is only available to individuals who petition within one year of entering the U.S. Absent extraordinary circumstances, those filing outside this one-year window are automatically ineligible for asylum. For those who are ineligible for asylum but still need protection, there is “withholding of removal.” Just like asylum, withholding of removal requires proof that the applicant has a well-founded fear of persecution in their country of citizenship.
Unlike asylum recipients, however, these individuals are not eligible to apply for a Social Security card or bring family members here from outside the country. A person who receives “withholding of removal” still faces a deportation order; “withholding of removal” merely ensures (in most instances) that immigration authorities will not return the non-citizen to the country where he faces possible persecution.
Abrego Garcia: A ‘Well-Founded’ Fear of Persecution
Having laid out that background, let’s return to the Abrego Garcia case. Abrego Garcia was from El Salvador. According to court papers, he fled El Salvador because of the threat that the “Barrio 18” gang represented. He testified that the gang had threatened him with death. He entered the U.S. illegally at the age of 16 and came to Maryland, where his older brother, who was in the country legally and had become a U.S. citizen, lived.
The processes of seeking asylum and withholding of removal start with the same document: Form I-589. This petition opens a procedure through which an immigration judge may grant either asylum or withholding of removal. Abrego Garcia filed his petition in 2019. Because he admittedly entered the country in 2012, he was ineligible for asylum, even though the immigration judge who heard his case determined that he testified credibly and provided considerable evidence detailing his well-founded fear of persecution.
Abrego Garcia, however, remained eligible for withholding of removal, which the immigration judge granted based on the man’s credible testimony and other evidence of persecution.
One thing Abrego Garcia’s case plainly reveals is that the processes for seeking asylum and withholding of removal are often nuanced and multi-faceted. Emerging unsuccessful in obtaining either asylum or withholding can be disastrous, placing you at risk of being sent to a place that threatens your well-being or even your life. The best way to maximize your odds of success is with skilled legal counsel. The experienced Maryland asylum application attorneys at Anthony A. Fatemi, LLC, have helped countless applicants navigate the I-589 process and obtain either asylum or withholding of removal. Contact us today at 301-519-2801 or use our online form to schedule a consultation and learn how we can help you.