Asylum, Withholding and CAT

The reason that asylum confers greater benefits such as eventual Lawful
Permanent Residence(LPR status) and US Citizenship, is that part of the burden
of proof in asylum cases is that the applicant must prove his or her good moral character and fitness, such that the Immigration Judge in the exercise of his or her discretion should grant asylum. Neither Withholding of Removal under the Immigration and Nationality Act(INA), nor Withholding of Removal under the United Nations Convention Against Torture require such proof. If the non-citizen can prove the legal requirements for each form of relief, that person must be granted relief, regardless of whether the person is of good moral character or not.

Thus,  Withholding of Removal under the Act only requires proof from the applicant that it is more likely than not that  his or her life or freedom will be threatened on account of one of the five protected grounds.

Withholding of Removal under the United Nations Convention Against Torture must also be granted by an Immigration Judge if the Judge finds that it is more likely than not that the applicant/non-citizen will be tortured or killed by the government of that country(or its in-country allies) for any reason if he is deported to his or her home country. Linkage to one of the five(5) protected grounds is not required. The amount
of proof is higher than asylum(51%). The successful applicant can stay in the
United States, so long as the grant remains in place, and can work, but no Lawful Permanent Residence Status nor US Citizenship is possible under this form of
relief from deportation.

Deferral of Removal is a form of relief that is sometimes granted to non-citizens who have been convicted of particularly serious offenses and are ineligible to receive Asylum, Withholding of removal under the Immigation and Nationality Act, or Withholding of Removal under the UN Convention Against Torture. This ‘last chance’ form of relief is for persons who would otherwise be deported from the United States without hope of returning to the United States. This form of relief gives the right to stay and work as long as the grant is in effect, but is rarely given. A person
applying for this relief must prove it is more likely than not(51% likely) that they
will be tortured or killed if forced to return to their home country. The torture or
murder must be likely to be inflicted by the government or its in-country allies.

These forms of relief from removal are very complex and difficult to obtain. As
always in Immigration proceedings, a person has the right to represent himself or herself. However, since both the law and procedures involving applications for
these forms of relief are extremely complex, it is strongly recommended that such persons obtain the help of experienced, trained Immigration attorneys to maximize the chance of success and minimize the likelihood of deportation.

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