The Convention Against Torture (CAT) Treaty is a critical international agreement that the United States signed and ratified in 1988, binding the nation under federal law. It prohibits the removal, extradition, or return of any person to a country where there are substantial grounds for believing the person would face torture. U.S. individuals including active duty service members, veterans, and their family members, may pursue CAT protection when facing removal or deportation if they can show credible fear of torture in their country of origin or a land to which they may be sent.
While CAT claims are more commonly associated with individuals escaping torture in foreign countries, they also apply when military personnel or their families face such risks due to past service, status, testimony, or circumstances connected to armed conflict. Unique complexities may arise in these cases: issues involving family reunification, post‐deployment trauma, captivity, or potential reprisal based on military status can all inform both the fear of torture and the legal grounds under CAT.
For servicemembers and their families, CAT protection can become relevant in several ways:
Even when a military member has served honorably, their record might draw unwanted attention in another country, raising fear of persecution that meets the threshold for CAT protection. Similarly, dependent family members may face reprisals or defamation based on their connection to U.S. military service.
To obtain deferral of removal under CAT, or withholding of removal, applicants must demonstrate:
In military‐related cases, the applicant might show that the torture stems from their military affiliation, prior cooperation in investigations, or because of public notoriety stemming from service. Evidence may include psychological evaluations, affidavits from commanding officers, or documentation of threats received during or after deployment.
Under CAT, applicants must meet these standards through credible testimony and supporting documents. The standard is high: the proposed removal must involve a substantial risk. However, the standard is more favorable than asylum in some respects because CAT does not require proof of persecution “on account of” a protected ground. The only requirement is that torture would occur with permission or tolerance of authorities.
Peter Thompson and his team at Thompson Law Advocates bring more than 25 years of experience in trial and appellate work. That depth of litigation skill is vital in complex CAT claims. Their approach is guided by careful analysis, thorough preparation, and zealous advocacy. Peter has led federal immigration projects, lectured at law schools such as Temple and Rutgers, and trains lawyers and judges in both immigration and criminal fields.
When representing military personnel or families in CAT cases, Thompson Law Advocates brings several strengths:
• Holistic case preparation: The firm digs deep into service records, medical and mental‐health evaluations, country conditions, and military communications to build the strongest possible case.
• Litigation readiness: They appear before immigration judges, at removal proceedings, and on appeal at the Board of Immigration Appeals and federal courts. Their track record spans trial and appellate levels across multiple forums .
• Compassionate, attentive representation: Facing CAT claims can be emotionally devastating. Thompson Law Advocates provides personalized guidance, explaining every step, helping collect evidence, and coordinating care with mental-health professionals and military advocacy groups.
A successful CAT claim for a servicemember or military‐connected individual often involves several layers:
Thompson Law Advocates has handled many removal defense cases, including CAT claims, and knows how to make the most compelling case both procedurally and substantively.
For U.S. military families, separation due to deportation can cause hardship and even injustice. A noncitizen spouse or child facing removal may also fear torture or cruel treatment abroad. CAT protection can be critical to preserving family unity.
Thompson Law Advocates works to:
Timing is vital. Once a noncitizen military family member is placed in removal proceedings or detention, petitioners must act quickly. Thompson Law Advocates provides:
Immediate involvement can be the difference between relief and forced removal.
CAT claims involve high-stakes legal and emotional components. Procedural missteps can lead to devastating denials. Without in‑depth documentation, cases may fail on credibility or factual gaps. Thompson Law Advocates helps clients avoid pitfalls by ensuring:
Those granted protection under CAT are deferred from removal and may seek work authorization. While CAT does not itself lead to permanent residence, often clients later pursue asylum, adjustment of status, or apply under other forms of relief. Thompson Law Advocates builds CAT petitions with an eye toward these next steps.
For families, obtaining CAT protection means securing a safe and stable future in the U.S. Understanding that protection can be temporary unless followed by further relief, Thompson Law Advocates plans the case accordingly.
If you are a U.S. military member, veteran, or military family member facing removal—or if separation, detention, or deportation are looming—you should act without delay. Call Thompson Law Advocates at (215) 525‑9155 or use our website contact form to schedule a consultation. We serve clients nationwide. We help those in active duty, reserves, veteran status, and military families across the country, including major bases and military communities.
CAT offers crucial protection for military personnel and their loved ones when risking torture abroad. But it is underutilized especially in military‑connected cases. To succeed, you need more than paperwork. You need thoughtful legal strategy rooted in litigation experience, backed by credible evidence, and guided by compassionate advocacy.
Thompson Law Advocates brings that combination. Led by Peter Thompson, with decades of trial and appellate experience in immigration and criminal courts, the firm is ready to stand by you. Whether you serve, have served, or your family has served, you do not have to face CAT proceedings alone. We are here to help you build a strong case, protect your rights, and plan for your future.