Convention Against Torture (CAT) Protection in El Cajon: Relief for Iraqi & Syrian Refugees
Understanding CAT protection when asylum is denied but deportation would mean torture
Quick Answer
For Iraqi and Syrian refugees in El Cajon facing removal proceedings, the Convention Against Torture (CAT) may provide critical protection when other forms of relief are unavailable. Even if asylum is denied, CAT protection can prevent deportation to a country where you would face torture. SoCal Immigration Services helps refugees understand this important safeguard.
Reviewed for accuracy by
Maria Santos
DOJ Accredited Representative • 15+ years experience
For Iraqi and Syrian refugees in El Cajon facing removal proceedings, the Convention Against Torture (CAT) may provide critical protection when other forms of relief are unavailable. Even if asylum is denied, CAT protection can prevent deportation to a country where you would face torture. SoCal Immigration Services helps refugees understand this important safeguard.
What Is Convention Against Torture (CAT) Protection?
CAT protection differs from asylum in important ways:
• No need to show persecution based on protected ground (race, religion, nationality, political opinion, particular social group)
• Must prove torture would occur, not just persecution
• Even people with criminal records or other bars to asylum may qualify
• Provides protection from removal but not a path to permanent residence
Who May Need CAT Protection in El Cajon?
- •Asylum applicants who were denied due to one-year filing deadline
- •Refugees with criminal convictions barring asylum
- •Individuals who cannot show persecution based on protected ground
- •Those who face torture by non-government actors the government cannot control
- •People whose asylum cases were denied for credibility but still face torture
- •Iraqi and Syrian nationals who would face government torture upon return
- •Former interpreters or U.S. military collaborators at risk of torture
CAT Protection vs. Asylum vs. Withholding of Removal
| Factor | Asylum | Withholding of Removal | CAT Protection |
|---|---|---|---|
| Standard of Proof | Well-founded fear (10%+) | More likely than not (50%+) | More likely than not (50%+) |
| Must Show | Persecution on protected ground | Persecution on protected ground | Torture (government involvement) |
| Criminal Bar | Yes, aggravated felony bars | No bar for persecution grounds | No criminal bar |
| Path to Green Card | Yes, after 1 year | No | No |
| Travel Document | Yes | Limited | Very limited |
| Derivative Benefits | Yes, spouse & children | Yes | No |
| Can Be Revoked | Yes, conditions change | Yes, conditions change | Yes, conditions change |
What Qualifies as Torture Under CAT?
• Severe pain or suffering - physical or mental
• Intentionally inflicted - not accidental injury
• Specific purpose - to obtain information, punish, intimidate, coerce, or discriminate
• Government involvement - by or with consent/acquiescence of public official
Examples of torture for Iraqi and Syrian cases:
• Electric shock or burning by security forces
• Prolonged beating causing severe injury
• Threats of harm to family to extract information
• Rape or sexual violence by government actors
• Severe psychological torture (mock executions, witnessing torture of family)
The CAT Application Process
- 1Raise CAT Claim
CAT claims are typically raised in removal proceedings before an immigration judge
- 2File Application
Complete Form I-589, Application for Asylum and Withholding of Removal
- 3Gather Evidence
Document country conditions showing torture is likely
- 4Individual Hearing
Testify before the immigration judge about your specific risk
- 5Judge Decision
Judge grants or denies CAT protection based on evidence
- 6Appeal if Denied
Can appeal to Board of Immigration Appeals
Evidence Needed for CAT Claims
- •Country condition reports on torture practices (State Department, UN, human rights organizations)
- •Expert declarations on torture in Iraq or Syria
- •Personal testimony about past torture or threats
- •Medical or psychological evidence of past torture
- •Documentation of your profile that makes torture likely
- •News reports on treatment of returnees
- •Evidence of government inability to control non-state actors
- •Testimony from witnesses or family members
CAT for Iraqi Refugees in El Cajon
• Collaboration with U.S. Forces: Former interpreters, contractors, or security personnel face severe risk of torture by militias and government-backed groups
• Religious Persecution: Christians, Yazidis, and Mandaeans face torture by ISIS remnants and Shia militias
• Political Opinion: Critics of government or militia groups face arrest and torture
• Tribal Conflicts: Blood feuds can lead to torture if government cannot provide protection
• LGBT Individuals: Face torture by government and non-state actors in Iraq
The key for CAT is proving government involvement or acquiescence in the torture.
CAT for Syrian Refugees in El Cajon
• Assad Regime Opposition: Anyone perceived as opposing the regime faces torture in detention
• Draft Evasion: Military-age males face torture for avoiding conscription
• Refugee Return: The regime treats all returnees from the West as potential traitors
• Religious/Ethnic Grounds: Sunni Arabs, Kurds, Palestinians face torture risk
• U.S. Connection: Living in the U.S. itself may be viewed as political opposition
Despite the Syrian civil war, government torture by the Assad regime is well-documented.
Deferral of Removal Under CAT
• Withholding of Removal Under CAT: Stronger protection, cannot be removed to the country of torture. May be removed to a third country.
• Deferral of Removal Under CAT: Weaker protection, granted when bars apply. Can be terminated at any time if conditions change. Still prevents removal.
Deferral is often granted to those who would otherwise be barred due to criminal history or other factors.
Why Choose SoCal Immigration Services?
- •Arabic-speaking staff who understand Iraqi and Syrian situations
- •Experience gathering country condition evidence
- •Document preparation for immigration court
- •Connection with medical and psychological evaluators
- •Coordination with immigration attorneys for court hearings
- •Understanding of refugee trauma and sensitive case handling
FAQFrequently Asked Questions
Q:Can I get a green card through CAT protection?
A: No, CAT protection does not provide a path to permanent residence. It only prevents your removal to a country where you would face torture. You cannot travel freely, and benefits are limited. However, it does protect you from deportation, which may be the most critical need.
Q:What if my asylum case was denied? Can I still get CAT protection?
A: Yes, CAT protection can be granted even if asylum is denied. The standards are different - asylum requires persecution on a protected ground, while CAT only requires showing you would more likely than not face torture. Many people denied asylum receive CAT protection.
Q:I have a criminal conviction. Can I still get CAT protection?
A: Unlike asylum, there is no absolute bar to CAT protection based on criminal history. Even aggravated felons can receive protection under CAT if they can prove they would be tortured upon return. However, you may only receive deferral rather than withholding.
Q:What's the difference between torture and persecution?
A: Torture is a more severe and specific form of harm than persecution. Torture requires intentionally inflicted severe physical or mental pain for purposes like obtaining information or punishment. It must involve government action or acquiescence. Persecution can include broader harms like discrimination, harassment, or threats.
Q:Can my family get protection through my CAT case?
A: Unlike asylum, CAT protection does not extend to family members. Each person must establish their own CAT claim. However, family members can file their own applications for asylum or CAT protection based on their individual circumstances.
Q:Can CAT protection be revoked?
A: Yes, CAT protection can be terminated if country conditions change and torture is no longer likely. The government can move to terminate protection, at which point you would have a hearing to present current evidence. Protection continues unless formally terminated.
Facing Deportation? Learn About CAT Protection
If you're an Iraqi or Syrian refugee in El Cajon in removal proceedings, CAT protection may be available even if asylum was denied. Contact us for help.
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