Comments on: I Hate Withholding of Removal. Here’s Why. https://www.asylumist.com/2015/12/10/i-hate-withholding-of-removal-heres-why/ Asylum and Its Discontents in the United States Wed, 07 May 2025 09:46:34 +0000 hourly 1 By: Jason Dzubow https://www.asylumist.com/2015/12/10/i-hate-withholding-of-removal-heres-why/comment-page-8/#comment-175769 Wed, 07 May 2025 09:46:34 +0000 http://www.asylumist.com/?p=4634#comment-175769 In reply to Stateless.

The WOR is actually an order of removal (deportation) that has been withhold as to your home country. Assuming you are eligible to adjust (lawful entry to the US, no disqualifying criminal or immigration issues), the process would be to reopen the court case and then dismiss the court case without the WOR order. The idea is to eliminate the removal order, which prevents you from adjusting status. It sounds like your case is separate from our ex-spouse’s case, so the cases would need to be separated, but that might happen automatically if your case is opened and the ex-spouse’s is not opened. I am not sure about that part, but you would probably need to mention something in the motion to reopen/dismiss. These cases can be difficult and it is unlikely that DHS (the prosecutor) will cooperate, and so it would be a good idea to have a lawyer assist with the process. Take care, Jason

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By: Stateless https://www.asylumist.com/2015/12/10/i-hate-withholding-of-removal-heres-why/comment-page-8/#comment-175746 Tue, 06 May 2025 18:11:38 +0000 http://www.asylumist.com/?p=4634#comment-175746 Hello Jason, hope you are doing well in these days.
I was granted WOR few years ago. My ex spouse and myself had separate cases and were advised to join them which we did and we were given WOR. Now I am divorced and about to get married to US citizen. So in order to adjust my status I first need to separate the case and then re-open and close with the judge?
Thanks!

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By: Jason Dzubow https://www.asylumist.com/2015/12/10/i-hate-withholding-of-removal-heres-why/comment-page-8/#comment-175148 Tue, 15 Apr 2025 11:54:48 +0000 http://www.asylumist.com/?p=4634#comment-175148 In reply to Dori.

It is very difficult. I hope you can find time to ignore all the nastiness and have some peace. Take care, Jason

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By: Dori https://www.asylumist.com/2015/12/10/i-hate-withholding-of-removal-heres-why/comment-page-8/#comment-175137 Mon, 14 Apr 2025 23:53:06 +0000 http://www.asylumist.com/?p=4634#comment-175137 In reply to Can You Be Deported to a Third Country If You Have Withholding of Removal? – The Asylumist.

Thank you for this article. Entered US as refugees 1982, with parents and 5 siblings. 5 years later had run in w law and deportation proceedings began for me. I was married with children, was not offered section 212c waiver when I plead. My moral turpitude arose out of single incident too. which they counted both against me. was eventually able to get deferral of removal after being detained by ICE for over a year. Spent $70k on attorneys fees, lost my house, lost my son to drugs, wife was stressed to max living under these conditions of not ever knowing. Lost my business too. Thanku for bringing this to light. It affects the American citizens who are family to these people. Also stressed to be sent back or to another country. Mental health with this is not good at all.

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By: Can You Be Deported to a Third Country If You Have Withholding of Removal? – The Asylumist https://www.asylumist.com/2015/12/10/i-hate-withholding-of-removal-heres-why/comment-page-8/#comment-174033 Wed, 12 Mar 2025 09:57:09 +0000 http://www.asylumist.com/?p=4634#comment-174033 […] the Administration apply this same strategy to people who have been granted Withholding of Removal (WOR) or protection under the Convention Against Torture (CAT) […]

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By: Jason Dzubow https://www.asylumist.com/2015/12/10/i-hate-withholding-of-removal-heres-why/comment-page-8/#comment-173810 Sun, 02 Mar 2025 21:46:00 +0000 http://www.asylumist.com/?p=4634#comment-173810 In reply to AJ.

It seems like a positive sign, but I don’t think it would hurt to talk with a lawyer, as I mentioned. Take care, Jason

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By: Jason Dzubow https://www.asylumist.com/2015/12/10/i-hate-withholding-of-removal-heres-why/comment-page-8/#comment-173809 Sun, 02 Mar 2025 21:45:02 +0000 http://www.asylumist.com/?p=4634#comment-173809 In reply to AJ.

As they say, worry is the pain before the wound. I might talk to a lawyer in order to think of strategies in case they try to send you to a third country or detain you, but otherwise, I don’t know that worrying will help. Most likely, the fact that they let you go is a positive sign, and so hopefully you can relax a bit about your situation. Take care, Jason

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By: AJ https://www.asylumist.com/2015/12/10/i-hate-withholding-of-removal-heres-why/comment-page-8/#comment-173802 Sun, 02 Mar 2025 19:49:33 +0000 http://www.asylumist.com/?p=4634#comment-173802 Follow up question:

Check in was already done last month and an appointment for next year in 2026 was given. Is that a good indicator? Or still risky? Also just received EAD valid for 5 years.

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By: AJ https://www.asylumist.com/2015/12/10/i-hate-withholding-of-removal-heres-why/comment-page-8/#comment-173800 Sun, 02 Mar 2025 18:34:28 +0000 http://www.asylumist.com/?p=4634#comment-173800 In reply to Jason Dzubow.

Ice check in was last month and they gave me an appointment for next year to come back in Feb of 2026. Should I assume it’s okay? Or still worry about the worse case scenario?

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By: Jason Dzubow https://www.asylumist.com/2015/12/10/i-hate-withholding-of-removal-heres-why/comment-page-8/#comment-173799 Sun, 02 Mar 2025 18:06:46 +0000 http://www.asylumist.com/?p=4634#comment-173799 In reply to AJ.

WOR is strong protection against deportation to your country. However, if there is a third country to send you, it would not protect you from that (though if the Administration tries to send you to a third country, you could challenge that in court). The Administration has said they would go after people with criminal convictions, and so if you have a conviction (or something that is considered a conviction under the immigration law), they might try to target you to send to a third country or to detain you. I have not heard about that happening yet, but they are being very aggressive and so it may be possible. I would keep an eye on the news to see if you hear about such cases, and if so, talk to a lawyer to see how best to prepare, especially before attending the ICE check in. Take care, Jason

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