Protection under U.N. Convention Against Torture (CAT)

Under both international and domestic law a person may not be returned to a country where the person will be tortured. The definition of torture is “any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtained from him or her or a third person information or confession, punishing him or her for an act he or she or a third person has committed or is suspected of having committed, or intimidating or coercing him or her or a third person, or for any reason based on discrimination of any kind…” 8 CFR §§208.18(a)(1), 1208.18(a)(1). Respondent must prove that she is more likely than not to be subjected to torture upon removal.