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What Protection Is Offered by the Convention Against Torture?

  • Mar 17 2020

The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) is United Nations international human rights treaty. The aim of CAT is to prevent torture and other cruel and inhumane acts across the globe. CAT provides for treaty parties to put certain measures in place in order to prevent acts of torture from occurring within their jurisdiction. It also forbids parties to the treaty from sending people to any country where it is a real possibility that they will face torture. CAT provides critical protections to those at risk of facing cruel and inhumane acts in certain countries. It also provides a path for certain people to remain in the U.S. and postpone removal.

Protection with the Convention Against Torture

Article 3 of CAT restricts noncitizens from removal to a country where, more likely than not, they would be tortured. Seeking this protection offered by CAT is a good option for certain qualifying noncitizens who are in the U.S. and face possible removal. CAT protection is difficult to obtain, but maybe one of the only options for certain people. For instance, if a person is barred from seeking asylum protection or does not qualify for withholding of removal, due to something like having past criminal convictions, seeking CAT protection may be the last available option.

CAT provides two types of protection against removal. These options are withholding of removal and deferral of removal. Withholding of removal pursuant to CAT protections prevents a noncitizens removal to a country where they would more likely than not face torture. Should you be granted CAT withholding of removal protection, however, your protected status may later be terminated should your case be reopened in Immigration Court and it is shown that you are no longer likely to be tortured in the removal country. There is also the possibility that a CAT protection recipient may still be removed from the country, but to a different third country where they would not face torture and they have the legal right to stay there.

With deferral of removal, the person receiving the CAT protection will not be removed to a country where they would likely face torture, but they may be held in detention. Deferral of removal is reserved for those who are a security risk in the U.S. A person is usually deemed a security risk due to past serious criminal convictions or participation in terrorist activities. A person may also be deemed a security risk should he or she have participated in the persecution of others in the past.

Immigration Attorney

There are a wide range of ways to successfully prevent or delay removal from the U.S. If you are facing possible removal, know that you may still have options. Dedicated immigration counsel at Talamantes Immigration Law Firm is here to help. Contact Talamantes Immigration Law Firm today.

Posted in: Immigration Law