Convention Against Torture Protection in Maryland

The United Nations Convention Against Torture (also known as “CAT”) is an international human rights treaty, of which the U.S. is a signatory. The grant of protection under CAT guarantees that an individual will not be returned to a country where they will be in danger of being subjected to torture. The applicant (the person applying for CAT) will have to prove that it is more likely than not that if the applicant were returned to their country of origin that they will be subjected to torture.

While CAT protection does not provide the same benefits as asylum, it can be a helpful alternative in the event someone is ineligible for asylum. If you need legal advice and assistance applying for Convention Against Torture protection in Maryland, reach out to an experienced immigration attorney today.

CAT Versus Withholding of Removal

Convention Against Torture protection (also known as “CAT”) is not the same as withholding of removal, although they do have some similarities. Withholding of removal requires an applicant to show that their life or freedom will be threatened due to their membership in a particular social group, their religion, race, ethnicity/nationality, or political opinion.

In order to qualify for CAT protection, an applicant must show that if they were removed from the United States, it is more likely than not that they will be tortured. The torture does not have to be on account of the protected grounds listed above. Notably, having suffered torture in the past does not automatically mean that someone will suffer torture in the future.

Both CAT and withholding of removal allow the applicant to remain in the U.S. and to work with authorization. However, neither allows the applicant to become a lawful permanent resident or permit a path to U.S. citizenship.

Is CAT Available to Someone Disqualified from Asylum?

If someone is disqualified from seeking asylum, they may still be eligible for Convention Against Torture protection in Maryland. Bars from asylum can include reasonable grounds that the alien is dangerous to the security of the United States. For example, an applicant may be ineligible for asylum if they have been convicted of a particularly serious crime or known as a danger to the community.

Additionally, someone may be barred from seeking asylum if they in any way performed, ordered, assisted, or participated in the persecution of an individual because of their:

• Religion
• Race
• Nationality
• Membership in a particular group
• Political opinion

However, despite not being eligible for asylum someone may still be eligible for protection under the Convention Against Torture.

What Applicants Should Know

Anyone who is granted asylum eventually has the opportunity to become a lawful permanent resident. Once the asylee (the term used to described someone granted asylum) becomes a lawful permanent resident, they are allowed to petition for their family members and have the opportunity to become U.S. citizens.

In contrast, someone who is granted CAT does not have those opportunities. They will not be removed from the United States, but they will not get the same protection as someone who is granted asylum and they will not have the opportunity to become a U.S. citizen. They will also not be able to leave the U.S. without having that protection removed.

Discuss CAT Protection with a Maryland Immigration Attorney

If you need help applying for asylum, withholding of removal, or Convention Against Torture protection in Maryland, consider retaining an experienced immigration attorney. They can carefully analyze the facts of your situation and provide sound advice about your options for remaining in the United States. Call today for a consultation.