CAT Protection in Escondido: Convention Against Torture Relief for Immigrants
Protection from removal to countries where torture awaits
Quick Answer
The Convention Against Torture (CAT) provides protection for individuals who would face torture if returned to their home country. Unlike asylum, CAT protection is available regardless of criminal history, making it a critical option for those with serious convictions facing deportation.
Reviewed for accuracy by
Maria Santos
DOJ Accredited Representative • 15+ years experience
Escondido and North San Diego County have diverse immigrant communities, including individuals who may face torture if deported to their home countries. SoCal Immigration Services provides Arabic-speaking guidance for those seeking CAT protection, a vital safeguard when other relief isn't available.
What Is CAT Protection?
Key Principles:
• No person shall be returned to face torture
• Protection is mandatory if standard met
• Available regardless of criminal history
• Cannot be denied for any reason if torture shown
Two Forms of CAT Relief:
1. Withholding of Removal under CAT
2. Deferral of Removal under CAT
CAT Withholding vs. Deferral
| Feature | Withholding of Removal | Deferral of Removal |
|---|---|---|
| Standard | More likely than not tortured | More likely than not tortured |
| Criminal bars | Yes - serious crimes bar | No bars - available to anyone |
| Can be terminated? | Yes, if conditions change | Yes, more easily terminated |
| Work authorization | Yes | Yes, but must renew |
| Travel abroad | Generally no | No |
| Path to green card | No | No |
The Definition of Torture
Required Elements:
• Severe pain or suffering (physical or mental)
• Intentionally inflicted
• For specific purposes: obtaining information, punishment, intimidation, coercion, or discrimination
• Inflicted by or with acquiescence of public official
What Counts:
• Government torture by police, military, prison officials
• Torture by others that government knowingly ignores
• Torture government is willfully blind to
What Doesn't Count:
• General violence or crime (without government involvement)
• Pain from lawful sanctions
• Isolated incidents without pattern
The 'More Likely Than Not' Standard
What This Means:
• Greater than 50% chance of torture
• Higher standard than asylum's 'well-founded fear'
• Must be specific to you personally
• Considers country conditions AND your individual circumstances
Factors Considered:
• Evidence of past torture
• Country condition reports
• Your profile (political, ethnic, religious)
• Government's treatment of similar individuals
• Availability of internal relocation
Government Acquiescence Requirement
Direct Government Torture:
• Police brutality
• Military violence
• Prison abuse
• State-sponsored persecution
Government Acquiescence:
• Officials know about torture and don't prevent it
• Willful blindness to known practices
• Failure to protect despite knowledge
• Encouragement or facilitation of torture by others
Not Sufficient:
• Random criminal violence
• Private disputes without government involvement
• Government's mere inability to protect (vs. unwillingness)
CAT Protection with Criminal History
Withholding Under CAT:
• Barred if convicted of 'particularly serious crime'
• Aggravated felonies often qualify as particularly serious
• Still may be eligible for deferral
Deferral Under CAT:
• NO criminal bars whatsoever
• Available even with most serious convictions
• Only protection for some with extensive criminal history
• Mandatory if torture standard met
Important: Even those with murder convictions can receive deferral if they meet the torture standard.
Applying for CAT Protection
- •CAT must be raised in immigration court
- •File Form I-589 (same as asylum application)
- •Present evidence of torture risk
- •Testify about past experiences and fear
- •Submit country condition evidence
- •Await immigration judge decision
- •Can appeal to BIA if denied
- •Further appeal to federal circuit court possible
Evidence for CAT Claims
Personal Evidence:
• Detailed declaration about torture/fear
• Medical records documenting past torture
• Psychological evaluation showing trauma
• Photos of injuries or scars
• Witness statements
Country Condition Evidence:
• State Department human rights reports
• International organization reports (Amnesty, HRW)
• News articles about torture in country
• Expert witness testimony
• Documentation of government practices
Living Under CAT Protection
Work Authorization:
• Can apply for Employment Authorization Document
• Must renew periodically
• Deferral requires more frequent renewal
Limitations:
• Cannot get green card through CAT
• Cannot travel abroad (risk losing protection)
• Can be terminated if country conditions change
• Deferral can be terminated more easily
• Always subject to removal if torture risk ends
Benefits:
• Protection from deportation
• Legal work authorization
• Ability to remain with family in U.S.
Termination of CAT Protection
Grounds for Termination:
• Country conditions fundamentally change
• Original torture risk no longer exists
• Evidence of fraud in obtaining protection
• Diplomatic assurances from home country (rare)
Process:
• Government must file motion to terminate
• Hearing before immigration judge
• Burden shifts depending on type of protection
• Can appeal termination decision
Withholding vs. Deferral: Deferral can be terminated more easily than withholding.
CAT vs. Asylum vs. Withholding
| Feature | Asylum | Withholding (INA) | CAT |
|---|---|---|---|
| Standard | Well-founded fear | More likely than not persecuted | More likely than not tortured |
| Filing deadline | 1 year (exceptions) | None | None |
| Criminal bars | Serious crimes bar | Aggravated felony bar | None for deferral |
| Green card path | Yes | No | No |
| Family included | Yes | No | No |
| Discretionary | Yes | No | No |
Why Escondido Residents Choose Us
• We understand the complex CAT legal standards
• Arabic-speaking staff explain the torture definition clearly
• We gather compelling country condition evidence
• We prepare clients for difficult testimony
• We handle cases involving criminal history
• We appeal denials to BIA and federal courts
FAQFrequently Asked Questions
Q:Can I get CAT protection if I have a serious criminal conviction?
A: Yes, deferral of removal under CAT has no criminal bars whatsoever. Even if you have aggravated felonies or serious crimes that bar asylum and withholding, you can still receive deferral if you prove it's more likely than not you'll be tortured.
Q:What's the difference between persecution and torture for immigration purposes?
A: Persecution (for asylum) is broader and includes various harms based on protected grounds. Torture (for CAT) is more specific: severe pain or suffering, intentionally inflicted, for certain purposes, by or with government acquiescence. Torture doesn't require a protected ground but has stricter requirements about the nature of harm.
Q:Can I travel outside the U.S. with CAT protection?
A: Generally no. Unlike asylees, CAT recipients typically cannot get travel documents to leave and return. If you leave the U.S., you may not be able to return, and your protection could be considered abandoned. This is a significant limitation of CAT status.
Q:Can my family be included in my CAT application?
A: No, unlike asylum, CAT protection does not include derivative status for family members. Each family member who faces torture must file their own claim and prove their own case. This is another important difference from asylum.
Q:How long does CAT protection last?
A: CAT protection lasts as long as the torture risk exists. It can be terminated if country conditions change significantly or the individual torture risk ends. Deferral is more vulnerable to termination than withholding. It's not a permanent status and doesn't lead to a green card.
Q:I already lost my asylum case. Can I still apply for CAT?
A: Often yes, but it depends on the circumstances. If you raised CAT in your original proceedings and it was denied, you may be limited to a motion to reopen. If CAT wasn't properly considered or new evidence exists, there may be options. Consult an attorney about your specific situation.
Facing Torture If Deported?
If you fear torture in your home country and need protection, contact us for a confidential consultation. CAT may be available even if other relief isn't an option.