KNUTSON LAW, PLLC
Withholding of Removal Attorney — And How to Seek Asylum Instead
Withholding of removal protects you from deportation to one country — but it does not lead to a green card, does not allow you to bring your family, and does not permit travel. For some people, that can now change. Russian-speaking attorney. New York and nationwide.
⚠️Important development: On June 3, 2026, a federal court vacated the Circumvention of Lawful Pathways (CLP) rule — the rule that barred asylum for many people who crossed the southern border between May 2023 and May 2025.
If your asylum was denied solely because of that rule, and you were granted withholding instead, you may be able to reopen your case and pursue asylum.
What Withholding of Removal Gives You — and What It Does Not
Withholding of removal under INA § 241(b)(3) offers valuable protection by stopping the government from deporting you to a country where there's a strong likelihood of persecution. For many, it has been the crucial difference between staying safe and being sent back to danger. However, it's important to understand that withholding is a more limited form of relief compared to asylum, and these differences can significantly influence what happens next.
For someone with only withholding, it can be tough because they can't become a permanent resident, can't petition for their spouse or children to join them, and can't leave the country. They can keep renewing their work authorization endlessly, but there's no clear path forward. However, seeking asylum can change all of those limitations altogether.
The CLP Rule Was Vacated — What That Means for You
For many people, their choice to hold onto withholding instead of seeking asylum isn't because their case isn’t strong. Instead, it may be related to a rule that’s no longer in effect.
The Circumvention of Lawful Pathways rule, found at 8 C.F.R. § 1208.33, created a presumption that anyone crossing the southern border without using CBP One or another approved lawful route couldn’t qualify for asylum.
This rule was in place from May 12, 2023, to May 11, 2025. Under this rule, immigration judges often believed applicants’ stories, recognized genuine risks of persecution, and granted withholding of removal, even though they denied asylum only because of the CLP presumption.
On June 3, 2026, a federal district court in California entered final judgment in East Bay Sanctuary Covenant v. Trump, vacating the CLP rule. Vacatur under the Administrative Procedure Act does not pause a rule — it sets the rule aside entirely, with no legal effect nationwide unless and until the ruling is stayed, modified, or reversed on appeal.
The legal basis for those asylum denials no longer exists. People whose asylum applications were denied solely because of the CLP rule — but who were otherwise found eligible for protection — may have a basis to seek reconsideration, reopening, or remand so that their asylum claims can be adjudicated under the law as it stands now.
Who May Qualify to Reopen
The last condition is the one that matters most. If the immigration judge also made an adverse credibility finding or identified another independent basis for denying asylum, the vacatur alone may not be enough — though it does not automatically close the door either. The analysis depends on the specific language in your decision.
How to Check Your Own Decision
Pull out the written decision from your immigration judge and look for the following:
— References to the 'Circumvention of Lawful Pathways' rule or to the 'lawful pathways' presumption
— Citation to 8 C.F.R. § 1208.33 or 8 C.F.R. § 208.33
— Language about failing to use CBP One or a designated lawful pathway
— A grant of withholding of removal under INA § 241(b)(3) or CAT protection, alongside a denial of asylum
— The absence of an adverse credibility finding — meaning the judge believed your testimony
If you find those elements, this ruling likely applies to your case. If you don't have a copy of the decision or aren't sure what the language means, send us what you have. We review decisions to determine whether there is an opening.
Why Timing Matters
Two separate clocks are running, and neither pauses while you decide.
1. Procedural deadlines
All motions are governed by their own filing deadlines and numerical limits under the immigration regulations.
2. The litigation itself
The government may seek a stay of the vacatur or appeal the ruling. If a stay is granted, the legal landscape shifts — and motions filed after that point face a different posture than motions filed while the vacatur is in effect.
Neither of these is a reason to panic. Both are reasons not to wait.
Other Paths From Withholding to Permanent Status
The CLP vacatur is the most significant recent development, but it is not the only route out of withholding. Depending on your circumstances, other options may be available — and in some cases, more than one applies.
When we review a case, we assess all of these. The CLP question is the first one we ask, because for people who entered during that window it is often the most direct path. But if the answer is no, the review does not stop there.
The Process — Step by Step
1. Case review
We obtain and review the immigration judge's decision and, where available, the transcript and full record. The goal is to confirm the basis for the asylum denial.
2. Determine the right filing
Depending on where your case stands, the correct vehicle may be a motion to reconsider before the immigration judge, a motion to reopen, a motion before the BIA, or a request for remand if an appeal is pending. Choosing the wrong vehicle can waste the opportunity.
3. Prepare the motion
No matter which motion or request we file, it should be well prepared and properly argued to maximize the chance of success.
4. File and serve
Filed with the immigration court or the BIA depending on jurisdiction, with service on DHS. Timing and jurisdiction rules are strict.
5. Government response and decision
DHS may oppose it. The judge or the BIA decides whether to reopen or reconsider. If granted, your asylum claim is adjudicated under current law.
Why Clients Work With Us
— Direct access to attorney Yana Knutson. Yana works personally on every case.
— Bilingual representation in English and Russian. Every consultation, document, and court appearance in the language you understand.
— 13+ years of law experience, including complex asylum cases, BIA appeals, and federal court filings.
— Nationwide practice. We represent clients across the United States. Immigration law is federal.
— Current knowledge of policy changes. We monitor developments at USCIS, EOIR, and the federal courts and advise clients on how changes affect their specific cases.
— Criminal and immigration overlap. When a criminal history affects asylum eligibility — or when criminal charges arise during an asylum case — we handle both dimensions.
Frequently Asked Questions
Can I get a green card with withholding of removal?
Not through withholding itself. Asylees may adjust status one year after a grant under INA § 209(b). There is no equivalent provision for withholding. A person can hold withholding for years without becoming a permanent resident unless a separate basis arises — such as a family petition paired with a motion to reopen, or a successful motion converting the case to asylum.
Can I bring my spouse and children to the United States?
Not through withholding. Asylum allows a grantee to petition for a spouse and unmarried children under 21 using Form I-730. Withholding provides no derivative benefits. This is one of the most significant practical differences between the two forms of protection.
Can I travel outside the United States?
Generally no. A refugee travel document is available to asylees but not to people with withholding only. Departing the United States typically forfeits the protection. Do not travel without consulting an attorney first.
What was the CLP rule, and why does the vacatur matter?
The Circumvention of Lawful Pathways rule, codified at 8 C.F.R. § 1208.33, created a presumption that people who crossed the southern border without using CBP One or another designated pathway were ineligible for asylum. It applied to entries between May 12, 2023 and May 11, 2025. On June 3, 2026, a federal district court entered final judgment in East Bay Sanctuary Covenant v. Trump vacating the rule. Vacatur sets a rule aside entirely — it has no legal effect nationwide unless stayed, modified, or reversed on appeal.
How do I know whether the CLP rule caused my asylum denial?
Your written decision from the immigration judge states the basis for the denial. If it references the Circumvention of Lawful Pathways rule, 8 C.F.R. § 1208.33, or the 'lawful pathways' presumption — and does not identify an independent basis, such as an adverse credibility finding — you may qualify. Send us the decision, and we will review it.
USCIS's website still says the CLP rule applies. Which is correct?
Agency guidance pages are not always updated promptly after court decisions, and the text on a government webpage does not override a court order. An attorney can confirm the current posture of the litigation as it applies to your case.
Is there a deadline to file?
Motions to reopen and reconsider have their own procedural deadlines and numerical limits. Separately, the government may seek a stay of the vacatur or appeal the ruling, which would change the landscape. Acting sooner meaningfully protects your options.
What if the CLP rule does not apply to my case?
Other routes from withholding to permanent status exist depending on your circumstances — changed country conditions, marriage to a U.S. citizen, ineffective assistance of prior counsel, U visa, or VAWA. We assess all of them during the case review.
Can withholding of removal be taken away?
Withholding protects you from removal to one specific country. The government may still seek to remove you to a third country that will accept you. Withholding can also be terminated under limited circumstances set out in the regulations.
Do you handle these cases outside New York?
Yes. Immigration law is federal. We represent clients nationwide in motions to reopen, motions to reconsider, and BIA appeals.
Related Practice Areas
Withholding of removal cases often intersect with other areas of our practice:
— Deportation defense — removal proceedings, BIA appeals, motions to reopen, stays of removal
— ICE detention and habeas corpus — bond hearings, federal court petitions, emergency filings
— U visa for crime victims — legal status for individuals who cooperated with law enforcement
— VAWA — self-petition for survivors of domestic violence
— Family-based immigration — green cards, spousal petitions, family reunification
— Criminal defense in New York — with attention to immigration consequences
Send Us Your Decision — We Will Tell You Where You Stand
📞 +1(631) 805-6601 — Call , WhatsApp or Telegram
Knutson Law | Yana Knutson
Immigration & Criminal Defense Attorney | New York | Nationwide
The information on this page is for general informational purposes only and does not constitute legal advice. Every case is different. Contact us for a consultation specific to your situation.