Withholding of Removal
Immigration Law · Lesson 12
Withholding of Removal
這一課問的是：P 是否符合 INA § 241(b)(3) 強制 withholding 要件？
ActorActObjectStandardConsequence
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
withholding of removal
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INA § 241(b)(3): mandatory if standards met.
強制 withholding。
clear probability
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Higher standard than asylum's well-founded fear.
清楚可能。
five protected grounds
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Same as asylum: race, religion, nationality, political opinion, PSG.
五項保護理由。
no discretion
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Granted as matter of right if standard met.
非裁量。
no derivative beneficiaries
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Unlike asylum, no spouse/children derivative.
無衍生受益人。
Rule Sentence · the workhorse
Withholding of removal under INA § 241(b)(3) is mandatory if the applicant shows it is more likely than not ("clear probability") that her life or freedom would be threatened in the proposed country of removal on account of race, religion, nationality, political opinion, or membership in a particular social group; standard is higher than asylum's well-founded fear.
Mini IRAC · build the Application
Issue. Does P qualify for withholding when she has established clear probability of persecution based on political opinion?
Rule. Withholding under § 241(b)(3) is mandatory upon showing of clear probability of persecution on account of a protected ground.
Application (model). P established clear probability of persecution based on political opinion. Because withholding is mandatory (not discretionary) when standards met, the fact that P met the heightened clear probability standard for a protected ground means withholding must be granted.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, P must be granted withholding of removal.
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: