HOW TO APPLY FOR ASYLUM - The Florence Project

“Withholding of removal” in CAT cases is very similar to withholding of removal under INA section
241(b)(3) discussed above. It has the same benefits. For example, you will be eligible for release from DHS
custody and for work authorization. You will not be able to become a lawful permanent resident nor will you
be able to bring your spouse or children to the United States. This form of protection has the same bars. In
other words, you can win withholding of removal under the CAT only if:
1) You have not been convicted of a “particularly serious crime” (explained later);
2) You have not participated in the persecution of others because of any protected characteristics;
3) You have not committed a serious crime outside the U.S. that was not a political crime; and
4) You are not considered a terrorist or a danger to the security of the United States.
If you did commit any of the above offenses or you are considered a terrorist or danger to the security of the
United States, you cannot be granted withholding of removal under the CAT. However, you can get “Deferral
of Removal” under the CAT.
If you win “Deferral of Removal,” it is not as good as withholding of removal. You will get an order of
removal, it will just be deferred. The difference is that it is easier to return someone with deferral of removal if
circumstances change. Also, DHS may try to keep you in its custody even if you win deferral of removal under
the CAT. DHS will only let you out of DHS detention if you can prove that you are not a danger to the
community. To find out more about requesting release from DHS detention, please read “How to Ask for
Release from DHS Custody.”
If you are granted deferral of removal under the CAT, the DHS could terminate your protection at a later date if
it comes up with any evidence that you would not be tortured. The DHS can only do this before an Immigration
Judge. You also have the right to terminate your own deferral of removal status.
For these reasons, asylum and withholding are better protection than deferral of removal. But, again, if you are
eligible for all of these forms of relief/protection, we suggest applying for all of them. Note: You cannot apply
for deferral of removal; the Immigration Judge determines your eligibility for this form of protection if you do
not qualify for withholding of removal under the CAT.
Please note that even if you can prove you will be tortured, DHS has the right to send you back to your country
if the government there promises it will not torture you. According to DHS, these types of cases will be rare.
• How do I apply for protection under theCAT
If this is your first time to apply for CAT protection, you apply just like you apply for asylum and withholding
of removal. You submit an application to the Immigration Judge.
• What application do I use to apply for CAT protection
You use the Form I-589, Application for Asylum and for Withholding of Removal, the same application used to
apply for asylum or withholding of removal. See our discussion later regarding how to fill out the form. Pay
particular attention to Question 4 in Part B of the application. The question asks about whether you fear torture.
Answer with as much detail as possible. Include in the application detailed descriptions of any torture you
suffered in the past.
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FIRRP- last update June 2007