Facing deportation can be especially concerning if you fear being tortured after returning to your country. The Convention Against Torture (CAT) may provide protection from removal in certain circumstances when a person can show that they are more likely than not to face torture if returned.
CAT protection is different from asylum and withholding of removal. It requires evidence addressing the specific legal requirements for torture and government involvement or acquiescence.
What Is Convention Against Torture Protection?
The Convention Against Torture is an international agreement implemented in U.S. law through immigration regulations that can protect a person from being removed to a country where they are more likely than not to be tortured.
To qualify for CAT protection, an applicant generally must show that it is more likely than not that they would be tortured if removed to the proposed country of removal.
How Is CAT Different From Asylum?
Asylum generally requires a person to establish past persecution or a well-founded fear of persecution because of a protected characteristic, such as race, religion, nationality, political opinion, or membership in a particular social group.
The applicant is not required to demonstrate that such feared torture is related to one of the asylum protected grounds.
What Are the CAT Requirements?
A CAT claim generally requires evidence addressing several important elements, including:
- A serious risk of torture in the country of removal
- That the harm meets the legal definition of torture
- That the torture would occur intentionally
- Government involvement, consent, or acquiescence in the torture
CAT protection is not generally available simply because a person faces general violence, unsafe conditions, or the possibility of ordinary criminal activity. The evidence must address whether the anticipated harm meets the legal definition of torture under the applicable law.
What Is CAT Withholding of Removal?
CAT withholding of removal can prevent the United States from removing a person to a country where they would more likely than not be tortured.
CAT withholding is not equal to asylum, however. It does not typically offer all the immigration benefits that would be granted through asylum, including an automatic path to lawful permanent residency based on the granting of asylum.
Deferral of removal is, in some situations, a form of CAT protection, where the removal is not withheld because of other lawful restrictions.
What Happens After an Asylum Denial?
If an asylum applicant is denied, it does not necessarily mean that other forms of protection are unavailable. However, if there are any facts that suggest there might be a potential CAT claim immigration case, then it is possible for a claim to still be valid.
For example, a person who cannot establish an asylum claim based on a protected ground may still potentially qualify for CAT protection if the evidence shows that torture is more likely than not upon removal.
How Do You File a CAT Claim?
A person seeking CAT protection must raise the claim through the appropriate immigration proceedings. Form I-589, Application for Asylum and for Withholding of Removal, is used for certain claims involving asylum, withholding of removal, and protection under the Convention Against Torture.
Evidence can include:
- Medical or psychological records
- Police or government records
- Witness statements
- Country-condition reports
- Documentation of previous torture
- Evidence concerning government involvement or acquiescence
Does a Particularly Serious Crime Affect CAT Protection?
A particularly serious crime can affect eligibility for certain forms of withholding of removal. However, CAT protection has separate legal standards.
A person who is barred from asylum or statutory withholding may still need to consider whether they qualify for CAT protection or deferral of removal, depending on the circumstances.
The impact of a criminal conviction will also vary depending on the specific crime and immigration status, so it is best to discuss the impact of a criminal conviction in light of the actual crime and immigration situation.
What Evidence Can Support a CAT Claim?
Evidence is an important part of a CAT application. The applicant generally needs evidence addressing both the likelihood of torture and the circumstances that could connect the anticipated torture to government officials or their consent or acquiescence.
The history of threats, detention, abuse, medical evidence, witness statements, and credible testimony can all be relevant, depending on the circumstances.
Conclusion
The Convention Against Torture may protect individuals who face a serious risk of torture if removed to their country. Because CAT has different requirements from asylum and withholding of removal, understanding the legal standards and gathering relevant evidence early can help applicants better understand their options.
Frequently Asked Questions
What is the Convention Against Torture?
The Convention Against Torture is a legal framework that can protect a person from removal to a country where they are more likely than not to face torture.
Is CAT the same as asylum?
No. CAT protection has different requirements and does not require the applicant to establish persecution based on an asylum protected ground.
What does CAT withholding mean?
CAT withholding can prevent removal to a country where the person is more likely than not to be tortured.
Can I apply for CAT after an asylum denial?
Potentially. An asylum denial does not necessarily eliminate every other form of protection, depending on the facts and applicable law.
What evidence is useful for a CAT claim?
Country reports, medical records, previous abuse records, witness statements, threats, and other evidence showing a specific risk of torture may be relevant.
Does CAT require government involvement?
Generally, CAT requires torture by or with the consent or acquiescence of a public official or someone acting in an official capacity.
Does a criminal conviction prevent CAT protection?
Not necessarily. Criminal convictions can create serious immigration consequences, but CAT protection has separate legal standards that must be examined individually.
Can CAT lead to a green card?
CAT protection itself generally does not provide the same direct path to permanent residence that an asylum grant can provide.
What is the difference between CAT withholding and CAT deferral?
Both can prevent removal to a country where the person faces the required risk of torture, but they have different legal effects and eligibility rules.
Should I get legal help for a CAT claim?
Because CAT requirements and immigration consequences can be complicated, consulting a qualified immigration attorney or authorized legal representative can help you understand how the rules apply to your situation.
