Alexandria Asylum and the Threat of Torture

While seeking asylum within the United States can be a stressful and lengthy process, know that you do not have to face it alone. An expert Alexandra asylum lawyer can help guide you through the process so that you take the correct steps and have all the right resources available for your application.

If you wish to seek asylum and have been tortured in your country of origin in the past, an attorney can teach you about the relationship between Alexandria asylum and the threat of torture as well. Become acquainted with the below information to learn more about the relationship between Alexandria asylum and the threat of torture, as well as the benefits of retaining a skilled immigration attorney early on in your case.

Is Threat of Torture a Requirement for Receiving Asylum?

A threat of torture is not a requirement for receiving asylum in Alexandria. The standard for asylum is demonstrating persecution. Persecution is defined as a serious harm or threat to life or freedom. Torture is defined as any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for any reason, based on discrimination of any kind. While there is not a direct relationship between Alexandria asylum and the threat of torture, know that there are still ways to apply for protection from this terrible event under US organizations such as the Convention Against Torture.

Protections Under the Convention Against Torture

An individual need not prove that they were subjected to torture in the past. An application for protection under the Convention Against Torture (CAT) need only prove that it is more likely than not that they will be tortured upon their return to their country of origin or where they can return. The reason for the torture does not have to be based on one of the protected grounds of race, nationality, religious group, political affiliation, or membership in a particular social group.

Removal Proceedings Process

Only an immigration judge can grant protection under CAT, meaning that the applicant is in removal proceedings. Removal proceedings are a trial to determine removability, so it is adversarial. There will be a government attorney representing the interest of the government, which may be to disprove the applicant’s claim for protection. There will be an immigration judge whose role is to be an impartial arbiter and interpret the law based on the facts provided.

The government attorney and the immigration judge will ask questions about the respondent’s claim for protection under CAT to determine eligibility. The questions will be very detailed to determine the respondent’s credibility and may be country-specific, based on previous investigations of the region to determine whether it is more likely than not that the respondent will be tortured if returned.

Questions the Government Could Ask to Prove Threat of Torture

The government will ask why the government of the country of origin or the country where they may be returned will want to torture them. This cannot be a belief–it must be founded on objective facts. An individual will need to show why the government of the country cannot protect them. They will be asked why the harm that will be suffered is torture and not just harm. An individual will not be asked to prove the motivation for the torture because the motivation is on one of the protected grounds. Nevertheless, the individual must prove that it is more likely than not that they will be tortured.

How to Prepare for Removal Proceedings

The best way to prepare for removal proceedings is to hire an experienced attorney. An attorney will be versed in the legal standard as well as the case law that interprets the protections under the Convention against Torture. The attorney will be able to formulate the questions so that the respondent can provide testimony that will explain in a straightforward manner why it is more likely than not that the respondent will be tortured.

Proving that it is more likely than not that one will be tortured will require the respondent to submit the same application as the asylum Form I-589 application. It will require them to provide a detailed statement as to why it is more likely than not that they will be tortured. This means that specific dates, places, and events should be referenced. The respondent should also submit evidence of police reports, medical records, photographs, statements from witnesses, and country reports to corroborate the claim.

If you have suffered from torture in your country of origin in the past and fear its threat upon return, contact an immigration lawyer as soon as possible to take the right steps towards gaining protection.