Russell Abrutyn

Abrutyn Law PLLC

3765 12 Mile Road

Berkley, MI 48072

Wednesday, January 16, 2013

No derivatives for Withholding of Removal

Camara v. Holder, No. 11-4043 (6th Cir. Jan. 15, 2013) (published)

The Court denied the appeal filed by the spouse of an applicant granted withholding of removal.  The principal applicant and the spouse were in consolidated removal proceedings but the spouse never filed or made a claim for relief until a second BIA appeal.  The principal applicant was granted withholding based on female genital mutilation (the asylum claim was time-barred).

The spouse should have much earlier in the process made an independent claim for relief but for some reason he or his attorney failed to realize that there are no derivative beneficiaries for withholding of removal.  The Court rejected a challenge to the statute and agreed that he did not make out a prima facie claim for protection.

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