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 face torture.
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.