Defenses to Expulsion-The Asylum, Withholding of Removal, Convention against Torture

Asylum is a way to stop your deportation deportation proceedings. If you do not qualify for asylum there are other defenses to avoid expulsion. For example, under the Convention against Torture are certain defenses and can also qualify for Withholding of Removal. This article examines these defenses.

The Asylum

There are three situations for an asylum applicant comes wing potential cut:

• A foreigner was detained at the border, had an interview to see why he left his country, and if they find that the alien is afraid of persecution in their country of origin.
• The alien applied for asylum in an office asylum officer and wing case came Immigration Court.  
• The alien was arrested for a criminal charge and is now detained by immigration status.

To qualify for asylum, the applicant must demonstrate: (1) can not return to their country of persecution, or (2) has a well-founded fear of persecution based on political opinion, nationality, membership in a particular social group , race and religion. 

Asylum seekers must apply for asylum within one year from the fechaen who came to the United States. In cases where the circumstances of the applicant's country have changed or the applicant's personal circumstances have changed to cause persecution the applicant, the applicant may apply for asylum but is over a year since his arrival in the United States.

Each case is different and the judge takes into account every situation. Therefore it is important to have a lawyer of asylum to develop your case and you will succeed.Withholding of Removal

Withholding of Removal is a defense to removal prohibiting the government to deport to a country where your life and freedom would be in resiego for five reasons. You have to provide more evidence on this defense in an asylum case. Do not apply for Withholding of Removal within one year of your entry into the country as an asylum case.

There are two requirements for this defense: (1) to be a refugee, and (2) fear persecution one your country.

If you sidoperseguido in your home country some time then the court accepts the idea that if you return to your country would be persecuted again. The test to prove persecution is very high and it is important to have an immigration lawyer in New York. 
The Convention against Torture  

Of all the defenses discussed in this article, the defense is more difficult to prove under the Convention against Torture. To qualify for protection through the Convention against Torture, one applicant has to show that more than 50% chance that you will be tortured by the government of their country of origin. Of all the defenses included in this article, this test is the highest in this defense under the Convention against Torture and therefore you have to consult a lawyer deinmigración in Virginia.

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