<  Eligibility

Convention Against Torture Relief

Certain individuals are legally ineligible for both asylum with withholding of removal, and relief under the Convention against Torture is the only chance they have to remain in this country. Anyone may apply for CAT regardless of how serious their criminal record may be. CAT relief is a rare grant of protection from deportation that an immigration judge grants for individuals who are likely to be tortured in their home country. To qualify for CAT, an applicant must demonstrate a clear probability (more than a 50% chance) that they will be tortured either directly by or with the acquiescence of the government of their country of origin. This is a difficult legal standard to satisfy. Like asylum and withholding of removal, CAT protects a person from being deported to a country where they fear torture. And, like withholding, if an applicant demonstrates eligibility for CAT relief, a judge must grant the application. However, CAT is a very limited benefit in many ways.

The information contained herein is for reference only and may not be up to date. It does not constitute legal advice. You should always consult an attorney regarding your matter.

This handbook is intended for use by pro bono attorneys and immigration attorneys working on LGBTQ/HIV asylum cases.