When does an alien not qualify for withholding of removal?

• A. If they are not currently in the U.S.
• B. If they have a valid passport
• C. If convicted of an aggravated felony with a sentence of 5 years or more
• D. If they do not apply in time

Answer: (C)

An alien does not qualify for withholding of removal if they have been convicted of an aggravated felony that carries a sentence of five years or more. This is crucial because the law specifically outlines that certain serious crimes, categorized as aggravated felonies, result in mandatory bars to eligibility for relief from removal. Withholding of removal is designed to prevent deportation to countries where individuals would likely face persecution; however, individuals with such severe criminal convictions are viewed as a significant threat to public safety and security.

Thus, the seriousness of the aggravated felony conviction plays a key role in determining eligibility, reinforcing the legal framework that prioritizes the safety and welfare of society over the potential claims of an individual with a serious criminal background.