New York City Removal & Convention Against Torture Act Lawyer

Deportation Defense – Strong and Aggressive Deportation Defense

At the Law Offices of Norka M. Schell, LLC, deportation defense makes up a large part of our practice. Our lawyers at At our NYC law firm understand the emotional and legal challenges our clients face. We work diligently to make sure that they receive the best possible result in court, as well as practical support necessary to get through this often difficult time.

What Is the Convention Against Torture Act?

Withholding of removal under the Convention Against Torture (CAT) is a type of legal protection some people may be able to get if they show that it is more likely than not that they would be tortured by the government or people working for or with the consent of the government if they were returned to a particular country.

Torture is defined in Article 1 of the Convention Against Torture and at 8 Code of Federal Regulations (CFR) sections 208.18(a) and 1208.18(a). Withholding of removal under the CAT is very much like withholding of removal under section 241(b)(3) of the INA in that, if you are granted this form of protection, it only means you cannot be sent back to the country where you face torture. However, there is no requirement that the feared torture be related to a protected reason, as is required for asylum or withholding of removal under section 241(b)(3) of the INA. If another country is willing to take you, the United States can send you there. Also, if conditions change in your country so that DHS believes it is safe for you to go back, DHS could start a new case in immigration court to try to convince a judge that you should be sent back.

Call 212-258-0713 or contact us online to schedule a consultation with our CAT lawyers in New York City.