What’s the Convention Against Torture, Deferral of Removal?

Convention Against Torture/Deferral of Removal (CAT) is an extremely rare form of protection from deportation that is very difficult to obtain. Only 2-3% of CAT applications are successful.

 

The Convention is intended for people who fear torture if they return to their home country. They must prove to an immigration judge that there is a clear probability higher than 50% chance, that they will be tortured upon return.

 

CAT may be used by people who are not able to apply for asylum or withholding of removal because they are inadmissible individuals. They have usually committed a serious crime while in the U.S., having been sentenced to a combined total of 5 or more years in prison for aggravated felonies. These people also may have committed a serious, violent or harmful crime outside the United States, like persecuting others or terrorist activity. Therefore, the government must weight the interest of the country and at the same not to send these people to a place where they will be tortured in order to uphold human rights that U.S. stands for.

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