Convention Against Torture: A Vital Relief For Immigrants With Criminal Convictions
By Alena Shautsova, New York Immigration Lawyer
When facing removal proceedings, especially due to criminal convictions, many immigrants feel their options are limited. Traditional reliefs like asylum or withholding of removal often have stringent bars related to criminal history. However, the Convention Against Torture (CAT) remains a crucial form of protection, even for those with serious criminal records.
Understanding CAT Relief
CAT protection is a form of relief that prohibits the U.S. government from removing an individual to a country where they are likely to face torture. Unlike other forms of relief:
- No Criminal Bars: CAT is available regardless of the applicant's criminal history.
- Mandatory Protection: If eligibility is established, the government must not deport the individual to the country where they risk torture.
- Limited Benefits: While CAT prevents removal, it does not provide a pathway to permanent residency or citizenship.
Legal Standards for CAT
To qualify for CAT protection, an applicant must demonstrate:
- Likelihood of Torture: They are more likely than not to be subjected to torture if removed.
- Government Involvement: The torture would be inflicted by, or with the consent or acquiescence of, a public official or someone acting in an official capacity.
Recent BIA Decision: Matter of M-S-I-, 29 I&N Dec. 61 (BIA 2025)
In Matter of M-S-I-, the Board of Immigration Appeals provided further clarification on the standards for CAT relief. The decision emphasized:
- Definition of Torture: Reinforcing that torture must involve severe pain or suffering, intentionally inflicted for purposes such as punishment, coercion, or discrimination.
- Government Acquiescence: Highlighting that for CAT eligibility, it must be shown that public officials are aware of the torture and breach their legal responsibility to intervene.
This decision underscores the importance of presenting credible evidence that any feared harm is not only severe but also sanctioned or permitted by government officials.
Importance for Individuals with Criminal Convictions
For immigrants with criminal records, CAT may be the only available form of relief:
- Asylum and Withholding Bars: Certain criminal convictions disqualify individuals from asylum or withholding of removal.
- CAT as Sole Relief: CAT remains accessible, providing a critical safeguard against removal to countries where they face torture.
Building a Strong CAT Claim
Given the complexities of CAT applications, especially after the M-S-I- decision, it's essential to:
- Gather Robust Evidence: Including country condition reports, expert testimonies, and personal affidavits.
- Demonstrate Government Involvement: Clearly show that the feared torture involves government officials' consent or acquiescence.
- Seek Legal Assistance: An experienced immigration attorney can navigate the intricate legal standards and present a compelling case.
Conclusion
The Matter of M-S-I- decision reinforces the stringent requirements for CAT relief, emphasizing the necessity of demonstrating both the likelihood of torture and government involvement. For immigrants with criminal convictions, understanding and effectively presenting a CAT claim is vital.
If you or a loved one is facing removal and believes they may qualify for CAT protection, consult with a knowledgeable immigration attorney to explore your options.
Frequently Asked Questions About CAT
- Can I work if I win CAT protection?
Yes, recipients of CAT withholding or deferral of removal can typically apply for work authorization using Form I-765. - Can I travel?
No. Individuals with CAT relief cannot leave the U.S. and reenter. Doing so may invalidate the protection. - Can I get a green card?
Generally, CAT does not provide a path to permanent residency. However, it prevents removal, and other forms of relief may become available later. - What if I’ve already been ordered removed?
If you fear torture but have a prior order of removal, you may still file a motion to reopen or request CAT protection in a reinstated proceeding — particularly if there are new facts or a change in conditions.
Final Thoughts: A Shield When Others Fail
CAT protection is not perfect. It does not offer the stability of a green card or a pathway to citizenship. But for many immigrants with criminal records, it is the only legal shield against deportation to danger.
If you or a loved one has a criminal record and is facing removal, it is vital to consult with a seasoned immigration lawyer who understands the evolving landscape of CAT protection. My office is here to help.
Contact Alena Shautsova, New York Immigration Lawyer
Website: www.shautsova.com
Phone: (917) 885-2261