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Convention Against Torture

CONVENTION AGAINST TORTURE – BACKGROUND

The Convention Against Torture, otherwise referred to as “CAT,” is a special form of protection given to individuals who cannot return to their country because he or she would be in danger of torture. CAT is codified in Article 3 of the United Nations Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment.

CONVENTION AGAINST TORTURE – ELIGIBILITY

In order for the government to give you protection under CAT, you must:

  1. Be in danger of torture in your country;
  2. Meet the definition of torture which includes any intentional act that inflicts severe mental or physical pain or suffering;
  3. The torturing is done with the consent, prompting, or permission of a person acting in an official capacity on another person;
  4. You must be in the custody or control of the torturer; and
  5. The torture is being done to force, intimate, punish, or obtain information or a confession from you or a third person.
CONVENTION AGAINST TORTURE – PROCEDURE

The applicant has the burden of proof in CAT cases and must prove their eligibility for protection. You will need to prove that it is more likely than not that you would be tortured if you are returned to your home country.

Your testimony is an essential part of your CAT case and our law firm has the experience required to prepare you for what to expect during your hearing.

Our law firm uses evidence of past torture, whether or not you can safely relocate to another part of your country, country conditions, and instances of violations of human rights in the country to prepare your CAT case in the best possible light.

The procedure for CAT cases are virtually identical to asylum cases. We will begin your CAT application with the filing of Form I-589, Application for Asylum and for Withholding of Removal. The first page of this application has a box where we check off that you are also applying for withholding of removal under the Convention Against Torture.

CONVENTION AGAINST TORTURE – BENEFITS

If you win your CAT case you are entitled to numerous benefits, including:

  • You will not be removed to the country which you fear you will be subjected to torture upon return; and
  • You can apply for legal work authorization.
WHAT THE LAW OFFICE OF ARMAND JAWANMARDI CAN DO FOR YOU

Convention Against Torture cases can be difficult to win without an experienced attorney by your side who will put in the time and effort needed to research and prepare your case. These cases are often won and lost on the amount of time your attorney will dedicate to your case in helping you organize and prepare your testimony, research your country’s conditions, and assist you in finding the requisite evidence to present your case in the best possible light.

You need and deserve a law firm and an attorney who will stand by your side through your Convention Against Torture case and defend you to the end. We want to have the honor of representing you. Please contact The Law Office of Armand Jawanmardi for a free consultation on what you can expect when applying for protection under the Convention Against Torture and what we can do for you at 713-999-9115. We are always available 24 hours a day, 7 days a week to answer your questions.