What section of law governs a withholding of removal hearing before an IJ?

Prepare for the USCIS Basic – Block 3 Exam. Use flashcards and multiple choice questions with detailed explanations. Ensure success for your test!

The correct answer pertains to INA § 241(b)(3), which explicitly governs the withholding of removal proceedings. This section of the Immigration and Nationality Act provides the legal framework for individuals who are seeking protection from removal based on a well-founded fear of persecution in their home country. It outlines the criteria that must be met for an applicant to be eligible for withholding of removal, including the requirement to demonstrate that their life or freedom would be threatened due to factors such as race, religion, nationality, membership in a particular social group, or political opinion.

In comparison to other sections mentioned, INA § 208 deals with asylum applications, which is a different form of relief, while INA § 240A(b) pertains to cancellation of removal for certain permanent residents, and INA § 240A(a) relates to cancellation of removal for non-permanent residents. These sections do not apply directly to the withholding of removal, making § 241(b)(3) the appropriate reference for this specific context in immigration law.

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