HOW TO APPLY FOR ASYLUM - The Florence Project
HOW TO APPLY FOR ASYLUM - The Florence Project
HOW TO APPLY FOR ASYLUM - The Florence Project
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“Withholding of removal” in CAT cases is very similar to withholding of removal under INA section<br />
241(b)(3) discussed above. It has the same benefits. For example, you will be eligible for release from DHS<br />
custody and for work authorization. You will not be able to become a lawful permanent resident nor will you<br />
be able to bring your spouse or children to the United States. This form of protection has the same bars. In<br />
other words, you can win withholding of removal under the CAT only if:<br />
1) You have not been convicted of a “particularly serious crime” (explained later);<br />
2) You have not participated in the persecution of others because of any protected characteristics;<br />
3) You have not committed a serious crime outside the U.S. that was not a political crime; and<br />
4) You are not considered a terrorist or a danger to the security of the United States.<br />
If you did commit any of the above offenses or you are considered a terrorist or danger to the security of the<br />
United States, you cannot be granted withholding of removal under the CAT. However, you can get “Deferral<br />
of Removal” under the CAT.<br />
If you win “Deferral of Removal,” it is not as good as withholding of removal. You will get an order of<br />
removal, it will just be deferred. <strong>The</strong> difference is that it is easier to return someone with deferral of removal if<br />
circumstances change. Also, DHS may try to keep you in its custody even if you win deferral of removal under<br />
the CAT. DHS will only let you out of DHS detention if you can prove that you are not a danger to the<br />
community. To find out more about requesting release from DHS detention, please read “How to Ask for<br />
Release from DHS Custody.”<br />
If you are granted deferral of removal under the CAT, the DHS could terminate your protection at a later date if<br />
it comes up with any evidence that you would not be tortured. <strong>The</strong> DHS can only do this before an Immigration<br />
Judge. You also have the right to terminate your own deferral of removal status.<br />
For these reasons, asylum and withholding are better protection than deferral of removal. But, again, if you are<br />
eligible for all of these forms of relief/protection, we suggest applying for all of them. Note: You cannot apply<br />
for deferral of removal; the Immigration Judge determines your eligibility for this form of protection if you do<br />
not qualify for withholding of removal under the CAT.<br />
Please note that even if you can prove you will be tortured, DHS has the right to send you back to your country<br />
if the government there promises it will not torture you. According to DHS, these types of cases will be rare.<br />
• How do I apply for protection under theCAT<br />
If this is your first time to apply for CAT protection, you apply just like you apply for asylum and withholding<br />
of removal. You submit an application to the Immigration Judge.<br />
• What application do I use to apply for CAT protection<br />
You use the Form I-589, Application for Asylum and for Withholding of Removal, the same application used to<br />
apply for asylum or withholding of removal. See our discussion later regarding how to fill out the form. Pay<br />
particular attention to Question 4 in Part B of the application. <strong>The</strong> question asks about whether you fear torture.<br />
Answer with as much detail as possible. Include in the application detailed descriptions of any torture you<br />
suffered in the past.<br />
Page 16 of 49<br />
FIRRP- last update June 2007