What Is Relief Under the Convention Against Torture (CAT)?

 


For many immigrants facing deportation, fear of returning home isn’t just about starting over; it can be a matter of life or death. For individuals who believe they would face torture in their home country, there's a legal option known as relief under the Convention Against Torture (CAT).

CAT is not based on past persecution or political opinion; it is based solely on the likelihood of torture by the government or with its consent. While it doesn’t lead to permanent residency, it can still be the difference between safety and danger.

This guide breaks down what CAT protection really means, how it works, and who can apply.

What Is Relief Under the Convention Against Torture (CAT)?

The Convention Against Torture is a treaty the U.S. signed years ago. Under that treaty and U.S. law, no one can be sent back to a country where they’re likely to be tortured. It doesn’t matter what you did or what your background is. If you’re at real risk of torture, you can’t be removed.

In U.S. immigration law, CAT protection is separate from asylum or refugee status. It is not limited by nationality, political beliefs, or religion, and even individuals who don’t qualify for asylum, or who are barred from applying, may still qualify for CAT protection.

Importantly, this form of relief only protects individuals from being deported to the specific country where they face torture. It doesn’t grant a green card, nor does it open a path to U.S. citizenship.

How CAT Protection Works in U.S. Immigration Law

CAT is administered by the Executive Office for Immigration Review (EOIR), which oversees U.S. immigration courts. There are two forms of relief under CAT:

  • Withholding of Removal under CAT: This is granted when an applicant is not barred from immigration relief due to criminal or security grounds. It allows the individual to stay in the U.S. but does not lead to permanent status.

  • Deferral of Removal under CAT: This is used when someone has serious criminal convictions or is otherwise barred from other relief. It still protects against deportation, but it is easier for the government to revoke it if conditions change.

To win a CAT case, the applicant must show that it is more likely than not that they would be tortured if deported. The burden of proof is on the applicant, and unlike asylum, CAT does not require proof of persecution based on protected grounds (such as race, religion, or nationality).

Who Qualifies for Relief Under CAT?

CAT protection is for anyone who can show they would likely be tortured if deported. That torture has to be by a government official or by someone the government lets act with impunity, like police turning a blind eye to violent gangs or secret police using torture as a tool.

Unlike asylum, you don’t have to prove you were tortured in the past or that you belong to a persecuted group. You just need to show that you’re likely to face torture in the future.

Here are some examples of people who might qualify:

  • Someone who escaped political detention and fears being re-arrested and tortured.

  • A former gang member who’s targeted for revenge by security forces.

  • A person whose identity (religious, LGBTQ+, or otherwise) puts them at serious risk in the hands of a violent regime.

However, proving a CAT claim is legally complex. That’s why working with a qualified asylum lawyer is critical. Attorneys can help gather expert reports, medical evidence, and credible testimony, crucial elements to building a strong case.

The CAT Application Process

Applying for CAT relief isn’t a standalone process. It’s usually requested as part of removal proceedings, meaning you’re already in immigration court and facing deportation.

Here’s a breakdown of the process:

Filing the Application

Applicants request CAT protection as part of their defense in immigration court, typically by checking the box on Form I-589 (Application for Asylum and for Withholding of Removal).

Evidence Submission

The applicant must gather and present evidence showing the likelihood of torture. This may include:

  • Country condition reports

  • Human rights documentation

  • Expert affidavits

  • Personal testimony

Immigration Court Hearing

The immigration judge will weigh the evidence, assess credibility, and determine whether the risk of torture meets the legal threshold of “more likely than not.”

Judge’s Decision

If the judge grants CAT protection, the applicant cannot be removed to the specified country, although they may be removed to a third country if one is available.

Because CAT relief is narrow and technical, strong legal representation can make all the difference.

Why CAT Relief Matters: A Final Lifeline for the Vulnerable

For people who don’t qualify for asylum, maybe because of a criminal record, CAT protection can be the only option left. It doesn’t come with the benefits of asylum or a green card, but it can protect your life. And it can’t be denied based on your past mistakes.

However, it’s not something you want to try navigating without the right knowledge. Immigration judges look for very specific kinds of proof. You’ll need to show why the risk is real and why it’s more likely than not that you’ll be tortured.

If you are unsure of where you stand or need further guidance, visit ImmigrationQuestion.com, where you can ask your questions on the open forum for free and get real answers within hours. You may even qualify for a free consultation with licensed immigration attorneys who can walk you through the process.

Frequently Asked Questions

What’s the difference between CAT and asylum?

Asylum protects you based on things like religion, race, or politics. CAT protects you from torture, regardless of the reason.

Can I apply for CAT even if I have a criminal record?

Yes. CAT is available even to people who are barred from asylum. That’s why it’s often used in tough cases.

Do I need a lawyer to apply for CAT?

Legally, no. But practically, yes. A lawyer knows how to present complex evidence in a way the judge understands.

Is CAT relief permanent?

No. It protects you from removal, but you don’t get legal permanent residence. Your case can be reopened if conditions change.

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