Q: What Will Happen Before the Immigration Judge?

A: If the Asylum Officer did not find a reasonable fear of persecution or torture, and the Immigration Judge concurs with the Asylum Officer's decision, the case will be returned to Immigration and the individual may be removed from the United States. The individual cannot appeal the Immigration Judge's decision.

The individual may apply for withholding of removal before the Immigration Judge in two circumstances: (1) the Asylum Officer found a reasonable fear of persecution or torture, or (2) the Immigration Judge found a reasonable fear of persecution or torture after the Asylum Officer first found no reasonable fear and the individual requested that an Immigration Judge review that determination.

The Immigration Judge will consider the applicant's request for withholding of removal. The applicant has the burden of proof of establishing that he or she is eligible for withholding of removal under either of the following:

• Section 241(b)(3) of the Immigration and Nationality Act
  The applicant must establish that his or her life or freedom would be threatened in the proposed country of removal on account of race, religion, nationality, membership in a particular social group, or political opinion.
  
  
• Convention Against Torture
  The applicant must establish that it is more likely than not that he or she would be tortured if removed to the proposed country of removal.

If the applicant is found to have a reasonable fear of persecution or torture, the Immigration Judge will consider whether the applicant is barred from a grant of withholding of removal. If a bar applies, but the applicant has established that he or she would be tortured in the country of return, the Immigration Judge will grant deferral of removal.

If the Immigration Judge grants withholding of removal, the applicant cannot be removed to the country where the person fears persecution or torture, but may be removed to another country. If the Immigration Judge does not grant withholding of removal, the applicant may appeal the decision to the Board of Immigration Appeals.