Withholding of Removal (Restriction on Removal) under the Immigration and Nationality Act § 241(b)(3)

Withholding of Removal (Restriction on Removal) under the Immigration and Nationality Act § 241(b)(3)

Definition

A protection that prevents the removal of a noncitizen whose life or freedom would, more likely than not, be at risk on protected grounds if returned to the noncitizen’s home country unless an exception applies, such as if the noncitizen has participated in the persecution of others on protected grounds, committed a particularly serious crime, or presents a danger to national security. Withholding of removal permits the noncitizen to remain and work in the United States and withholds execution of a removal order returning the noncitizen to the home country, which must be executed if the noncitizen leaves the United States.

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