What is the Convention Against Torture?
The Convention Against Torture is an international treaty aimed at protecting
cruel and inhuman treatment. It is similar to
asylum, with key differences. It is often used in
removal / deportation hearings to protect an individual from being deported to their country
of origin because they face a risk of harm.
Who is Eligible for Withholding of Removal Under the Convention Against Torture?
Anyone who faces a substantial risk of harm if returned to their country
of citizenship or origin may seek withholding of removal under the
United Nations Convention Against Torture, commonly referred to as "CAT" in immigration court parlance.
What do I need to prove to win protection under CAT?
The burden of proof is that it is "more likely than not" (51%)
that you will face torture if deported. This burden is significantly higher
than asylum, where the burden of proof is only a mere probability of persecution,
with case law defining this probability of persecution at 10% or lower.
Also, asylum requires we prove the respondent/applicant show he or she
will face harm, but under CAT, the applicant must show he or she will
What is Torture Defined As?
“Torture” is defined as the infliction of severe pain or suffering
by the government or with the government's approval. Torture is any
act that involves severe pain or suffering.
Why would I chose Withholding of Removal under CAT instead of Asylum?
Generally, your immigration lawyer should seek asylum, withholding of removal,
and deferral of removal under the Convention Against Torture. However,
some individuals are not eligible for asylum, and therefore, are eligible
for protection only under the Convention Against Torture. Those that may
be deemed ineligible for asylum are those who waited longer than one year
to file for asylum (except in situations of changed circumstances), or
individuals convicted of "particularly serious crimes" or aggravated
felonies, as defined by the Immigration and Nationality Act (INA).
Contact our Anaheim Immigration Attorney Today
You will need aggressive and competent representation in presenting your
CAT claim in immigration court. CAT claims are difficult to prove, require
credibile testimony and corroborating facts showing that you will likely
face harm if deported. Contact our Santa Ana immigration attorney today.