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The United Nations Convention Against Torture

 

An alien 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 alien 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 alien 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 alien is successful under CAT, the alien will be granted either (1) Withholding of Removal or (2) Deferral of Removal if granted unless the alien is ineligible for one of the categories stated above under Asylum Application.

 

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