Convention Against Torture

The United Nations created an agreement with the United States that states the U.S. must provide protection for people being threatened with torture in their home country. If you find yourself a victim of or threatened with torture if you return home, you may have grounds for a CAT claim. To ensure you follow the correct procedures when filing for convention against torture asylum, call the best immigration attorney in NYC at Kats Immigration Law. Don’t face deportation alone; obtain a fighting chance of receiving protection.

What Is Convention Against Torture Asylum Protection?

The United Nations Convention Against Torture (CAT) is a document that prohibits the United States from deporting a non-citizen to a country where they’re likely to face torture. Convention against torture, asylum and withholding of removal  are protections that you can apply for when facing the possibility of deportation and removal from the U.S.

If you’re facing deportation, you need the expert guidance of a reputable and experienced immigration lawyer to help you understand the options for protection that may be available to you. The best choice in the Brooklyn and Manhattan areas is Alina Kats of Kats Immigration Law.

What’s Considered Torture?

The convention against torture specifies that to be considered torture, an act must be done with the intent to inflict severe mental or physical pain and suffering. Elements of torture include:

• Severe pain and suffering that’s inflicted or threatened, which may include being kicked, beaten or burned, deprivation of sleep or water, rape or female genital mutilation are all considered torture.
• The act is intentional.
• It’s committed by someone acting in an official capacity or with the consent or acquiescence of a public official.
• The offender has custody or physical control of the person being tortured.
• There may be a threat of imminent death.

Threats of severe harm or death of family members may also be considered torture. Based on CAT, torture is prohibited by both international and U.S. law.

How Do I File a CAT Claim?

Immigrants who are ineligible for asylum may qualify for relief from deportation through CAT protection. Applying for CAT is done on Form I-589, which is the same form used for asylum and withholding of removal. Things to remember when filling out this form include:

• If you’re applying for asylum, you should also check the boxes to apply for withholding of removal and CAT at the same time.
• Failing to check these boxes may cause the judge to conclude that you’re waiving your right to apply for CAT protection.
• The burden of proof is on you to provide evidence that there’s greater than a 50 percent chance you would be subjected to torture if returned to your home country.

There are no bars to eligibility under CAT, which makes this an option for non-citizens who don’t qualify for withholding of removal or asylum, such as those with serious criminal convictions. Relief under CAT can only be granted by an immigration judge, not an asylum officer, but if you’re able to prove you’d face torture in your home country, this form of protection must be granted.

What Does an Immigration Judge Consider when Determining if I Qualify for CAT Relief?

The immigration judge is required to carefully consider applications for protection under the convention against torture. Things that are considered by the judge include:

• Evidence of mass violations of human rights in the country
• Evidence that relocating to a different part of the country may not make any difference
• Evidence of past torture toward you or your family
• Evidence that your government has tortured people like you
• Torture in your country is being used as a form of punishment or to discriminate, intimidate or obtain a confession

In some cases, a credible testimony is enough to prove eligibility for this type of protection. An expert New York City immigration lawyer can help you gather documents to prove your case. This may include detailed information on conditions in your home country or proof of past harm such as medical records and witness statements.

What Happens after CAT Protection Is Granted?

CAT protection is a temporary form of relief and those who qualify may be removed from the U.S. if conditions change in your home country. Things that could happen after CAT protection is granted include:

• You may be held in a detention center.
• You may not be entitled to employment authorization, or in some cases, you may be able to apply for work authorization.
• You may be released or issued a work authorization by the local director of Immigration and Customs Enforcement (ICE).
• The Department of Homeland Security (DHS) may reopen your case in immigration court if there’s evidence conditions have changed in your home country.

Protection from deportation based on convention against torture may not prevent removal from the U.S. If the judge approves your application for protection, you may be removed to a third country where you wouldn’t likely face torture. While you’re in the U.S., protection under CAT doesn’t provide a path to a green card or U.S. citizenship and it doesn’t allow you to bring family members to the U.S.

How Can an Immigration Attorney Help Me?

Laws that apply to immigration in the United States are complex and can be difficult to understand. An experienced attorney who specializes in getting immunity from deportation can analyze your individual situation and help you understand different ways of receiving relief. They can also help you gather documents, spot potential errors on your application and represent you in front of immigration authorities.

In NYC, if you or a family member needs filing for convention against torture asylum protection or help understanding deportation and removal procedures, contact Alina Kats, ESQ.  She provides a comprehensive consultation to discuss your options and create an immigration strategy based on your individual situation. For personalized and compassionate legal guidance, schedule an appointment for a consultation at Kats Immigration Law today.