In 1994, Congress ratified the Convention Against Torture (CAT), which among many other provisions prohibits the removal or deportation of a person to a country where there are substantial grounds for believing that the individual would be in danger of torture or subject to inhuman or degrading treatment. An individual seeking CAT relief must establish that it is more likely than not that he or she will be tortured.
Torture is defined as any act that inflicts severe pain or suffering. These acts may be physical, mental, or emotional in form and much intentionally inflict pain on the individual. The applicant is not required to establish that they would be tortured on account of any of the five listed grounds for asylum (race, religion, nationality, membership in a particular social group, or political opinion), making it a different process.
Further, the torture must be inflicted or instigated by or under the consent (or acquiescence) of a public official or individual acting in an official capacity of some kind.
There is no formal way to apply for protection under the Convention Against Torture. An alien may apply at the same time they apply for Form I-589 Application for Asylum and Withholding of Removal.
If an immigrant has already applied for asylum, they may also request protection through the CAT later by filing a supplement to their asylum application.
There is no deadline to apply for CAT protection -- it may even be requested after a final order of deportation.
If you or a loved one has been the victim of torture and is seeking entrance into the U.S., now is the time to call Arnaout Immigration Law Firm. Our Los Angeles immigration attorney has helped countless clients over the years, and we can use our background and insight to help you pursue a favorable outcome.
We are here for you. Call Arnaout Immigration Law Firm at (818) 276-9900 to request a consultation.