Eligibility for Withholding of Removal


In General, the burden of proof is on the applicant to show that his/her life or freedom would be threatened in the proposed country of removal on account of race, religion, nationality, membership in a particular social group, or political opinion. The evidence shall be evaluated as follows:

  • The applicant's life or freedom shall be found to be threatened if it is more likely than not that he would be persecuted on account of race, religion, nationality, membership in a particular social group, or political opinion.
  • If the applicant is determined to have suffered persecution in the past, such that his life or freedom was threatened in the proposed country of removal on account of race, religion, nationality, membership in a particular social group, or political opinion, it shall be presumed that his or her life or freedom would be threatened on return to that country unless a preponderance of the evidence establishes that conditions in the country have changed to such an extent that it is no longer likely that the applicant would still be  persecuted there.
  • In evaluating whether the applicant has sustained the burden of proving that his/her life or freedom would be threatened in a particular country on account of race, religion, nationality, membership in a particular social group, or political opinion, the immigration officer or judge hearing the case shall not require the applicant to provide evidence that he would be singled out individually for such persecution if:
    • The applicant establishes that there is a pattern or practice in the country of proposed removal of persecution of a group of persons similarly situated to the applicant on account of race, religion, nationality, membership in a particular social group, or political opinion; and
    • The applicant establishes his own inclusion in and identification with such a group of persons so that it is more likely than not that his/her life or freedom would be threatened upon return.

The Attorneys at Zhang & Attorneys L.P. can assist you in determining whether you might qualify for withholding of removal if you live in the geographical area serviced by the Houston Asylum Office. The Houston Asylum Office services withholding of removal applications for people residing in Texas, Louisiana, Mississippi, Tennessee, Arkansas, Oklahoma, New Mexico, Colorado, Wyoming and Utah.

For more information about Asylum and Withholding of Removal, please click on one of the following topics: