CONVENTION AGAINST TORTURE

Article 3 of the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) absolutely prohibits states from returning anyone to another state where he or she may be tortured. In order to be eligible for withholding of removal under the Convention Against Torture, the immigrant has to establish that it is more likely than not that he or she would be tortured if removed to the proposed country of removal.

Unlike asylum and withholding of removal, to qualify under CAT, the applicant does not have to show that the abuse that will be suffered on account of one of the five protected grounds (race, religion, nationality, membership in a particular social group, or political opinion). However, because the standard is extremely high (more likely than not that he or she would be tortured upon removal to the proposed country), this type of case is difficult to win.

There is no one-year filing deadline for CAT relief, and the applicant may be eligible even if he or she has committed certain crimes such as aggravated felonies.