Deportation and exclusion proceedings have been combined into a single proceeding called removal proceedings. An alien placed in proceedings under this section may be charged with any applicable ground of inadmissibility under section 212(a) or any applicable ground of deportability under section 237(a) of the Immigration and Nationality Act.

There are three forms of relief based on the alien’s fear of persecution, harm or torture in his native country: asylum, withholding of removal and relief under the Convention Against Torture (CAT).

Asylum

Asylum is the most common form of relief. An asylum applicant must show that he has a well-founded or reasonable fear of harm if returned to his native country on account of race, religion, national origin, membership in a particular social group, or political opinion. The “well-founded” standard means that a reasonable person that is similarly situated would have a fear of harm (as little as 10% chance of harm). Generally, an applicant must file for asylum within one year of entry into the United States. Also, there statutory and regulatory bars for asylum, which include firm resettlement, or receiving an offer of permanent resident status from a safe third country before arriving in the U.S. and past criminal activities.

Withholding of Removal

An applicant for withholding of removal must also prove that there is a threat to his life or freedom on account of race, religion, national origin, membership in a particular social group, or political opinion. However, withholding of removal carries a higher burden of proof than asylum in that the applicant must show that it is more likely than not that his life or freedom will be threatened in his native country if he returns. Hence, there must be better than a 50% chance of threat to the applicant’s life or freedom. In some instance, an alien may be eligible for withholding of removal but not asylum as where the applicant is barred from asylum due to the one-year rule, a criminal conviction, or firm resettlement. However, the relief of withholding of removal is beneficial as compared to asylum in that it is a mandatory form of relief, while asylum is a discretionary form of relief.

Convention Against Torture (CAT)
Relief under the CAT is available to an individual who fears torture at the hand of the government in his native country or from individuals or groups who have the acquiescence of that government. A person who is ineligible for asylum may qualify for relief under the Convention Against Torture, as persons with criminal convictions may qualify for protection and there is no requirement that the torture be on account of political opinion, religion, race, nationality, or membership in a particular social group. The remedy under CAT, however, is limited to "withholding of removal" or "deferral of removal."