Relief under the Convention Against Torture is often the only relief for individuals who commit serious crimes considered as Aggravated felonies under the Immigration and Nationality Act.
NONRETURN PROVISION UNDER CONVENTION AGAINST TORTURE (CAT)
The Convention Against Torture Provision prohibits the return of an individual to a country including a person who is convicted of an aggravated felony where he is in danger of being tortured. The provision states in relevant part:
"No State Party shall expel, return or extradite a person to another State where there are substantial grounds for believing that he or she would be in danger of being subjected to torture."
Noncitizens subject to expedited removal, reinstatement of removal, and Aggravated felonies may apply under the Convention Against Torture. Reinstatement of removal and aggravated felonies lack most options. The Convention Against Torture (CAT) even applies in reinstatement of removal when a person returns to the United States after being deported.
NO BARS TO PROTECTION
Asylum and Withholding of Removal has bars to relief; however, the Convention Against Torture has no bars to relief. If a noncitizen of the United States demonstrates that there are "substantial grounds for believing he would be in danger of torture in his returning country, the individual can not be returned to the country. The noncitizen is granted the relief of deferral of removal. An order granting deferral of removal does not alter ICE's authority to detain an individual who is otherwise subject to detention.
LAW FIRM HAS EXPERIENCE WITH CONVENTION AGAINST TORTURE RELIEF (CAT)
Attorney, Charles Dawkins Jr., has experience arguing CAT relief before Immigration Court, and he has successfully obtained relief under the Convention Against Torture for a person who committed aggravated felonies. The standard is higher to obtain CAT relief as opposed to Asylum relief. The case must be well thought and well prepared. However, if a person is actually going to be tortured within the provision of the statute---this argument must be made.
The above Statements are for informational purposes only. Immigration law is complicated and fact-specific. For legal advice, the person should consult an attorney.