Asylum, Withholding of Removal, and CAT

One of the main immigration services we provide at The Berdugo Law Firm is asylum services. Asylum seekers are some of the most common immigrants who are trying to become United States residents if they are fleeing their home country. Immigrants will typically fall into the category of asylum seekers if they are experiencing persecution in their country or it is unsafe for them to stay there.

To qualify for asylum, you have to meet the definition of being a refugee in the United States. This includes being someone who is outside of their home country, or the country where they last resided, who is also unable or unwilling to return to that country. You also have to be in immediate fear of persecution due to race, religion, political opinion, social group, or nationality. Asylum can apply to individuals who are fleeing from a country that is in political unrest or is at war.

To apply for asylum, you have to already be in the United States and you have to apply within a year of entering the U.S. It is highly recommended to hire an immigration law firm to represent you and help you file for asylum correctly.

Withholding of Removal

Another aspect of immigration that is closely related to asylum seekers is the withholding of removal. This prohibits the United States government from removing someone from the U.S. and importing them to a country where their life or freedom would be threatened.

To qualify for withholding of removal, you have to meet the qualifications of being a refugee in the U.S., and there has to be a clear danger of persecution. The best way to prove the danger of persecution if you are removed from the U.S. is to prove that you have been persecuted in the past. The U.S. government will then assume that if you have been persecuted in the past, it is very likely that you will be persecuted in the future.

Something to keep in mind is that it can be harder to prove that you are eligible for withholding of removal than it is to seek asylum. Some things that would prohibit you from receiving withholding of removal include persecuting others, terrorism, committing a non-political crime outside of the U.S., and committing a serious crime in the U.S.

An immigration lawyer can help you apply for withholding of removal and provide the necessary evidence to meet the qualifications. They can also help you challenge any factors that may bring your eligibility into question.

Convention Against Torture

Similar to withholding of removal, the Convention Against Torture, or CAT, is a mandatory form of relief that the U.S. government has to follow. It stipulates that the government cannot return you to a country where there is a substantial risk of you being in danger of torture. To qualify for this relief, you have to be able to prove that you would more likely than not be tortured if you were deported to a specific country.

Unlike asylum or withholding of removal, part of the requirement for qualifying for CAT is that you have to prove that the danger you fear meets the definition of torture. CAT defines torture as the intentional and unlawful infliction of severe physical or mental suffering and pain with the consent of a public official to punish, intimidate, discriminate, or obtain a confession.

To truly show that you are at risk of being tortured in a country, you have to produce evidence to prove that this fear is credible. An immigration law firm can help you gather the correct evidence and create a case that will accurately reflect your situation and fears.