Convention Against Torture:

Requirements in order to qualify for Convention Against Torture protection are similar to those of Withholding of Removal, but also include the following:

  • Applicant must demonstrate that the potential harm and fear of harm in his or her country qualifies under the definition of “torture.” This definition, according to the regulations at 8 C.F.R § 208.18(a) 1999 includes:

“any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he o ra third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.”


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