JLA Law Group

Convention Against Torture (CAT) Protection — Immigration Attorneys in Georgia

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The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), ratified by the United States, prohibits the removal of any person to a country where they would more likely than not be subjected to torture. Unlike asylum, CAT protection does not require proof of persecution on account of a protected ground (race, religion, nationality, political opinion, or particular social group) and has no one-year filing deadline. Under 8 CFR § 208.16(c) and 8 CFR § 208.17, CAT protection may be granted even to individuals who are otherwise ineligible for asylum or withholding of removal due to criminal bars or other grounds of inadmissibility.

To qualify for CAT protection, the applicant must establish that it is more likely than not that they would be subjected to torture if removed to the proposed country of removal. Torture is defined as any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for a specific purpose by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. Private conduct that the government is unable or unwilling to stop can constitute government acquiescence.

CAT protection comes in two forms: deferral of removal under § 208.17 (available even to individuals with aggravated felony convictions or other bars) and withholding of removal under the Convention Against Torture. Deferral can be terminated if country conditions change, while withholding provides stronger protection. JLA Law Group represents clients in immigration court and on appeal who seek CAT protection, developing the country conditions evidence and expert testimony necessary to meet the demanding standard.

Steps You Should Take

1

Assess Eligibility for CAT, Withholding, and Asylum

We conduct a full assessment of all three forms of protection — asylum, withholding of removal under INA § 241(b)(3), and CAT under § 208.16(c) and § 208.17 — to identify the strongest available claims and develop a comprehensive litigation strategy for immigration court.

2

Compile Country Conditions Evidence

We research and compile current country conditions reports, NGO reports, news coverage, expert analyses, and any prior documentation of government-perpetrated or government-acquiesced torture relevant to your specific profile and the country of proposed removal.

3

Prepare Detailed Declaration and Expert Support

We work with you to prepare a comprehensive personal declaration documenting past harm, specific threats, and why the government would acquiesce in your torture if returned. For strong cases, we retain country conditions experts to provide supporting testimony or declarations.

4

Present CAT Claim Before Immigration Judge and on Appeal

We present the CAT claim at the individual merits hearing, cross-examine government witnesses, and introduce country conditions evidence. If the IJ denies relief, we evaluate appeal to the Board of Immigration Appeals and federal circuit court. Call JLA Law Group at (770) 609-9396.

Frequently Asked Questions

How is CAT different from asylum?
CAT protection does not require proof of persecution on account of a protected ground — it only requires showing you would more likely than not be tortured. CAT has no one-year filing deadline. Critically, CAT protection may be granted to individuals barred from asylum or withholding of removal due to particularly serious crimes, aggravated felonies, or security grounds. This makes CAT the last protection available for many individuals with serious criminal histories.
What is the 'more likely than not' standard for CAT?
The more likely than not standard means greater than 50% probability. The applicant bears the burden of proof. In Matter of J-E-, 23 I&N Dec. 291 (BIA 2002), the BIA analyzed the CAT standard, requiring consideration of all relevant evidence including country conditions reports, medical records, personal testimony, and expert witnesses. It is a higher burden than the 'clear probability' standard for withholding of removal.
Does government acquiescence include police inability to protect?
Yes. Under 8 CFR § 208.18(a)(7), government acquiescence includes situations where a public official knows of or is willfully blind to torture by private parties and fails to intervene. Gang violence, domestic violence, and extortion by criminal organizations may qualify if the government systematically fails to protect individuals from such harm. The key is whether the government's failure rises to the level of acquiescence.
Can I receive CAT protection even with a criminal conviction?
Yes. This is one of CAT's most important features. Unlike asylum and withholding of removal, which are barred for persons convicted of particularly serious crimes or aggravated felonies, CAT deferral of removal under 8 CFR § 208.17 is not subject to these criminal bars. A person can be removed from the US and still have their removal deferred under CAT.
What country conditions evidence is important for a CAT claim?
Key evidence includes: US State Department Country Reports on Human Rights Practices, reports from Amnesty International and Human Rights Watch, news articles documenting specific incidents, expert testimony from country conditions experts, medical or psychological evidence of prior torture, and evidence of the respondent's specific profile that makes them a target.

Applicable Laws

8 CFR § 208.16(c)USCIS regulations implementing withholding of removal under the Convention Against Torture, establishing the 'more likely than not' standard and defining the evidentiary requirements.
8 CFR § 208.17USCIS regulations governing deferral of removal under CAT for individuals ineligible for withholding of removal due to criminal bars — the most protective form of CAT relief available to aggravated felons.
8 CFR § 208.18(a)Regulatory definition of torture for CAT purposes including the government acquiescence standard, specifying that private conduct with official acquiescence or willful blindness qualifies.
Matter of J-E-, 23 I&N Dec. 291 (BIA 2002)BIA precedent decision establishing the framework for CAT analysis, interpreting the 'more likely than not' standard and the totality of circumstances evaluation required for CAT claims.

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1250 Tech Dr, Suite 240

Norcross, GA 30093

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