Convention Against Torture (CAT) Protection USA

CAT protection shields immigrants from deportation to a country where they would face torture by or with the consent of a government official. It applies even to people who are ineligible for asylum or withholding of deportation. To request it, file a claim during immigration court proceedings — no separate form exists; CAT relief is raised in your hearing. Confirm current procedures at the official USCIS website.

What Is CAT Protection?

The Convention Against Torture is an international treaty the United States implements through domestic law. In US immigration, CAT protection prevents the government from deporting a person to a country where it is more likely than not that they would be subjected to torture. Torture is defined as severe physical or mental pain or suffering intentionally inflicted by, at the instigation of, or with the acquiescence of a public official or other person acting in an official capacity.

CAT relief comes in two forms:

• Withholding of deportation under CAT — a stronger protection that bars removal to the specific country
• Deferral of removal under CAT — a more limited, temporary protection that can be terminated if circumstances change

For guidance on your specific situation, consult Ilya Fishkin, immigration attorney, who focuses on asylum and protection-based claims.

CAT vs. Asylum vs. Withholding of Deportation

Understanding the differences between these protections is critical:

• Asylum — requires showing persecution on account of race, religion, nationality, political opinion, or particular social group. Subject to a one-year filing deadline under INA §208(a)(2)(B). Leads to a path to a green card.
• Withholding of deportation — same five protected grounds as asylum but a higher burden of proof ("more likely than not"). No one-year deadline. Does not lead directly to a green card.
• CAT protection — requires NO nexus to a protected ground. You only need to show it is more likely than not you would be tortured by or with government acquiescence. Available even to people with serious criminal convictions who are barred from asylum or withholding of deportation.

Who Qualifies for CAT Protection?

To qualify, you must demonstrate:

• It is more likely than not (greater than 50% probability) that you would be tortured if returned
• The torture would be inflicted by, or with the consent or acquiescence of, a government official or person acting in an official capacity
• The harm meets the legal definition of torture — not merely cruel, inhuman, or degrading treatment

CAT protection is available regardless of how you entered the United States, whether you missed the asylum deadline, or whether you have a criminal history that bars asylum. However, deferral (the weaker form) can be terminated if your government's conduct changes.

How to Apply for CAT Protection: Step by Step

1. Determine your stage in proceedings. CAT claims are raised during deportation proceedings before an Immigration Judge (EOIR) or, in some cases, affirmatively before USCIS (for certain non-detained applicants). Identify which applies to you.
2. Gather evidence of torture risk. Collect country condition reports, news articles, medical records, witness statements, police reports, and any documentation showing government involvement or acquiescence in torture in your home country.
3. Prepare your personal declaration. Write a detailed, consistent statement explaining what happened to you or your family and why you fear torture upon return.
4. Raise CAT in your immigration court application. CAT relief is claimed on the same application used for asylum and withholding of deportation (Form I-589 in affirmative cases; in court, it is raised through your pleadings and brief). Check with DOJ's Executive Office for Immigration Review (EOIR) for current court procedures.
5. Present expert and country condition evidence at your hearing. Country condition experts and human rights reports are frequently decisive in CAT cases.
6. Appeal if denied. If the Immigration Judge denies CAT, you may appeal to the Board of Immigration Appeals (BIA) and then to a US Circuit Court of Appeals.

What the Law Says

CAT protection in the United States is implemented under:

• Foreign Affairs Reform and Restructuring Act of 1998 (FARRA) — the primary domestic statute implementing the Convention Against Torture
• 8 CFR §208.16–208.18 — USCIS regulations governing withholding of deportation and CAT deferral
• 8 CFR §1208.16–1208.18 — EOIR (immigration court) regulations governing the same protections
• INA §241(b)(3) — statutory withholding of deportation provision often raised alongside CAT

The "more likely than not" standard was established in INS v. Stevic and later confirmed for CAT claims by the BIA and federal circuit courts. For the full regulatory text, see USCIS.gov.

Immigration attorney Ilya Fishkin has extensive experience representing clients in CAT-based claims before immigration courts and the BIA.

This material is for informational purposes only and does not constitute legal advice.