A foreign applicant may also apply under the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) in conjunction with the Asylum application and the withholding of removal application. The applicant must “check a box” on top of the I-589 application in order for the Service or the Court to consider CAT.   To qualify under CAT, the applicant must show that “more likely than not,” or there is “substantial grounds to believe” that he/she will be “tortured” upon being removed to his/her home country.  Torture is an act by which severe pain or suffering (physical or mental) is intentionally inflicted to obtain information or a confession, for punishment, for intimidation or coercion, or for another reason based on discrimination; and the act was inflicted by the government, or by others under the government’s consent, or by a group that the government is unwilling or unable to control. If the applicant is successful under CAT, the applicant will be granted either (1) Withholding of Removal or (2) Deferral of Removal if granted unless the applicant is ineligible for one of the categories stated above under Asylum Application.

 

Contact the Immigration Lawyers at Garg & Associates today more on The United Nations Convention against torture (CAT).