Withholding of Removal and CAT Protection: When Asylum Is No Longer Available скачать в хорошем качестве

Withholding of Removal and CAT Protection: When Asylum Is No Longer Available

Withholding of Removal & CAT Protection: When Asylum Is No Longer Available In this episode of U.S. Immigrant Journey: Opportunities and Challenges, Attorney Edwin Fogam explains withholding of removal and protection under the Convention Against Torture (CAT)—two critical forms of relief available when asylum is no longer an option. With 28 years of U.S. immigration law experience, Attorney Fogam breaks down when and how withholding of removal applies, why many individuals become ineligible for asylum due to the one-year filing bar, and how these alternative protections may still prevent removal from the United States. This episode provides a clear, legal explanation of the two types of withholding of removal—under the Immigration and Nationality Act (INA) and under the Convention Against Torture (CAT)—including the legal standards, evidentiary requirements, and key differences between them. He discusses: ✅ What withholding of removal is ✅ When asylum is no longer available ✅ Who may qualify for withholding of removal ✅ The difference between INA withholding and CAT protection ✅ What “more likely than not” means ✅ Torture-based protection standards ✅ Protected grounds under INA withholding ✅ Why CAT does not require a protected ground ✅ The role of past torture evidence ✅ Using country conditions to support a CAT claim ✅ Why this relief is important for those barred by the one-year asylum deadline ✅ Countries affected by war, persecution, and documented torture ✅ The limits of withholding of removal ✅ Why withholding does not lead to permanent residency ✅ When withholding may be the only form of protection available ✅ Why understanding the system matters more than fearing it ⏱️ Timestamps 00:00 – Withholding of Removal & CAT Protection 00:03 – When Asylum Is No Longer Available 00:09 – Greetings 00:10 – Introduction by Attorney Edwin Fogam 00:12 – 28 Years of Immigration Law Experience 00:22 – Why This Topic Matters 00:24 – Withholding of Removal Explained 00:28 – When Asylum Cannot Be Filed 00:33 – Who Can Seek Withholding of Removal 00:38 – How Withholding of Removal Works 00:45 – Relief Available in Removal Proceedings 00:50 – “More Likely Than Not” Standard 00:56 – Two Types of Withholding of Removal 01:00 – INA Withholding Explained 01:07 – CAT Protection Explained 01:11 – Protected Grounds Under INA 01:30 – CAT Does Not Require a Protected Ground 01:39 – Past Torture Evidence 01:50 – Importance of Proof 01:56 – Country Conditions Under CAT 02:05 – Placing Yourself Within Country Conditions 02:11 – Why This Relief Is Critical 02:17 – Asylum One-Year Bar Impact 02:24 – Risk of Torture After Return 02:32 – War Zones and Persecuted Regions 02:45 – Well-Documented Country Conditions 02:52 – Limits of Withholding of Removal 03:00 – No Path to Permanent Residency 03:07 – Protection From Removal Only 03:15 – When This Is the Only Available Relief 03:29 – How to Contact the Firm 03:44 – Understand the System, Don’t Fear It 03:55 – Like, Subscribe & Comment 📞 Contact Us 📱 Call: 301-608-1555 📧 Email: info@fogamlaw.com 🌐 Website: www.fogamlaw.com About the Show U.S. Immigrant Journey: Opportunities and Challenges delivers clear, experience-based immigration guidance from Attorney Edwin Fogam. Each episode explains complex immigration topics—such as asylum alternatives, removal defense, and torture protections—so immigrants can make informed and strategic decisions about their future in the United States. #ImmigrationLaw #FogamLaw #ImmigrantJourney #WithholdingOfRemoval #CATProtection #AsylumLaw #OneYearBar #RemovalDefense #ImmigrationCourt #USCIS #ImmigrationEducation #KnowTheSystem