The United Nations (U.N.) Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Convention Against Torture or Convention) is a powerful tool to prevent the removal of persons who fear torture upon return to their countries, bu who are ineligible for asylum and withholding of removal. Article 3 of the Convention prohibits the United States from expelling, returning, or extraditing “a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.”
More the 10 years after the United States signed the Convention and almost five years after the United States became a full party to the treaty, Article 3 finally was incorporated into domestic immigration law.