The Convention Against Torture (CAT) is an international human rights treaty that the United States honors through federal immigration law. It prohibits the U.S. from removing any individual to a country where there is a substantial likelihood they will be tortured.
In U.S. immigration proceedings, CAT protection can prevent deportation even for individuals who are barred from asylum or withholding of removal, such as those with certain criminal convictions.
⚖️ Legal Basis
CAT is implemented in U.S. law under 8 C.F.R. §§ 208.16–18. It does not offer immigration status, but instead provides protection from removal for individuals at serious risk of government-sponsored or government-tolerated torture.
✅ Who Qualifies?
To receive CAT protection, you must demonstrate:
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You are more likely than not to be tortured if returned to your home country.
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Torture would be inflicted by, or with the consent of, a public official.
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The harm would involve severe pain or suffering—physical or mental.
There is no requirement to show persecution based on race, religion, or other protected grounds, unlike asylum or withholding of removal.
🔄 Two Types of CAT Protection
| Type | Description | Rights |
|---|---|---|
| Withholding of Removal under CAT | Similar to regular withholding, but based on CAT standard. | Protected from removal, no green card, no travel |
| Deferral of Removal under CAT | For individuals barred from all other forms of relief. | Minimal protections, may be detained |
Deferral of removal is revocable at any time and typically offered to individuals with serious criminal records who cannot be removed due to risk of torture.
📝 Application Process
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File Form I-589 (even if asylum is barred).
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Request CAT protection explicitly.
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Present testimony and evidence before an immigration judge.
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Include expert declarations, human rights reports, or proof of prior mistreatment.
🔒 Key Considerations
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No path to permanent residency or citizenship
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Does not protect family members
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May be detained indefinitely
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Risk of revocation if country conditions change
📞 If you fear torture in your home country, CAT protection may be your only shield. Borderless Lawyers stands ready to help you navigate this complex and critical form of immigration relief.