Convention Against Torture (CAT) Claims 

Protection Under the Convention Against Torture (CAT): How Thompson Law Advocates Can Help

At Thompson Law Advocates, we stand with individuals seeking safety from government-sanctioned abuse and cruelty. If you fear being tortured upon return to your home country, protections under the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) may provide a legal lifeline.

Led by attorney Peter Thompson, our firm brings decades of experience in defending the rights of immigrants before the immigration courts and federal agencies. We offer focused, attentive legal representation for those seeking relief under CAT and other forms of humanitarian protection.

What Is the Convention Against Torture (CAT)?

The Convention Against Torture is an international human rights treaty adopted by the United Nations in 1984 and ratified by the United States in 1994. Under Article 3 of the treaty:

“No State Party shall expel, return (‘refouler’) or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.”

In the United States, this treaty is implemented through the Immigration and Nationality Act (INA) and the Code of Federal Regulations, specifically 8 C.F.R. §§ 208.16–208.18. These regulations prohibit the U.S. government from removing a person to any country where they are more likely than not to face torture.

U.S. Legal Standards for CAT Claims

CAT relief is available to noncitizens who are ineligible for asylum or withholding of removal due to criminal convictions or other disqualifying factors. It is often a final option for those facing mandatory deportation.

Under 8 C.F.R. § 208.16(c)(2), the burden is on the applicant to prove that “it is more likely than not that he or she would be tortured if removed to the proposed country of removal.” Unlike asylum, CAT protection does not require proof of persecution on account of race, religion, nationality, political opinion, or social group. The focus is purely on the likelihood and nature of the torture.

Defining “Torture” Under U.S. Law

According to 8 C.F.R. § 208.18(a), torture is defined as:

• An act causing severe physical or mental pain or suffering,
  
• Intentionally inflicted,
  
• By or at the instigation of or with the consent or acquiescence of a public official (or someone acting in an official capacity),
  
• For purposes such as punishment, coercion, intimidation, discrimination, or obtaining information.

Notably, the harm must be more than brief or sporadic; the suffering must be extreme, and the government’s involvement—either directly or through willful blindness—is critical.

Two Forms of Protection Under CAT

There are two distinct forms of relief available under the Convention Against Torture:

1. Withholding of Removal Under CAT

• This form protects individuals from being deported to a country where they would likely face torture.
  
• It offers more stability than deferral but still does not provide lawful status.
  
• Individuals may remain in the U.S. indefinitely as long as the threat remains.
  
• However, this relief does not include derivative benefits for family members.

2. Deferral of Removal Under CAT

• Granted to individuals who would qualify for CAT protection but are barred from withholding due to serious criminal convictions.
  
• It is a more limited, temporary protection that can be revoked more easily.
  
• Individuals granted deferral may be held in immigration detention indefinitely, and are usually not eligible to work.

Who Is Eligible for CAT Relief?

You may be eligible for protection under CAT if you:

• Have a credible fear of being tortured if returned to your country.
  
• Can prove the risk is more likely than not.
  
• Can link the risk to actions by the government, or individuals acting with official approval.
  
• May have been previously denied asylum or withholding of removal.
  

Importantly, even individuals with serious criminal convictions or security-related removability grounds may still qualify for CAT protection, making it a crucial last line of defense.

Types of Evidence That Support a CAT Claim

Preparing a CAT application is evidence-intensive. Our firm helps clients build a thorough and compelling case using:

• Personal affidavits detailing past experiences of abuse or threats.
  
• Medical records documenting past injuries from torture or abuse.
  
• Expert declarations from human rights advocates, psychologists, or country condition analysts.
  
• Country reports from the U.S. Department of State, UNHCR, Amnesty International, Human Rights Watch, or similar bodies.
  
• Witness statements from family, friends, or community members.

We help ensure that every piece of evidence is strategically aligned to support the legal burden of proof.

The CAT Application Process

CAT protection is requested by filing Form I-589, the same form used for asylum. However, CAT claims may be submitted independently, including:

• During removal proceedings before an Immigration Judge.
  
• After a denial of asylum, particularly if the applicant is barred due to prior criminal convictions.
  
• Post-order motions for individuals facing imminent deportation who were unaware of CAT eligibility earlier.

There is no filing deadline for CAT protection, unlike asylum which must be filed within one year of entry. This makes CAT a valuable option for long-time undocumented individuals who are suddenly placed in removal proceedings.

Why Legal Representation Matters in CAT Cases

CAT cases are notoriously difficult to win. Government attorneys and immigration judges rigorously assess the credibility and reliability of evidence. Applicants must be prepared to explain:

• Why they fear torture.
• Who would carry it out.
• Whether the home country government is unable or unwilling to protect them.

Legal counsel is often the deciding factor in the outcome of these cases.

How Thompson Law Advocates Helps

Thompson Law Advocates has extensive experience handling complex CAT cases. We provide:

• Detailed Legal Analysis: We identify legal and factual grounds that support your eligibility, even in challenging situations.
  
• Comprehensive Case Preparation: We gather supporting documentation, coordinate expert opinions, and prepare you for testimony.
  
• Aggressive Representation in Court: We represent clients in immigration court, bond hearings, and appeals.
  
• Post-Relief Compliance Guidance: After CAT relief is granted, we advise on compliance, including periodic check-ins with ICE or potential reopening of other immigration options.
  

We know the high stakes in CAT cases. Many clients face life-threatening risks if removed. We approach every CAT claim with a sense of urgency, commitment, and purpose.

Criminal History and CAT Protection

One of the unique aspects of CAT relief is its availability to individuals with serious criminal records, including aggravated felonies, drug offenses, and crimes involving moral turpitude. While these convictions may disqualify a person from asylum or permanent residency, they do not bar CAT protection.

However, applicants with a criminal history face increased scrutiny. Our firm is experienced in:

• Navigating the intersection of criminal and immigration law.
  
• Preparing strong mitigation arguments.
  
• Demonstrating rehabilitation and current community ties.

We fight to ensure that criminal records do not result in forced return to a dangerous and life-threatening environment.

Appeals and Reopening Denied Cases

If your CAT claim has been denied, it may be possible to:

• File an appeal with the Board of Immigration Appeals (BIA).
  
• Seek reopening of your case based on new evidence.
  
• File for emergency stays of removal while new applications are pending.
  

Our firm handles appellate representation before the BIA and the U.S. Courts of Appeals, preserving your right to fair process and review.

The Stakes: Real Lives at Risk

Countries with widespread human rights violations—including extrajudicial killings, torture, and unlawful detention—pose grave risks to returning nationals. CAT relief has been granted to individuals fearing torture in countries such as:

• El Salvador (due to gang violence and corrupt police forces).
  
• Iran (due to political or religious dissent).
  
• Democratic Republic of the Congo (due to ethnic persecution).
  
• China (due to religious or political activities).
  
• Somalia (due to clan-based violence or government abuses).

Each case is fact-specific, and relief depends on proving an individualized risk. We take the time to understand our clients’ backgrounds and develop tailored legal strategies.

Contact Thompson Law Advocates

If you or a loved one fears torture upon removal, don’t wait. Relief under the Convention Against Torture may be your last chance to remain safely in the United States. We can evaluate your case, advise you of your rights, and represent you through every stage of the process. Contact us today.