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One type of “withholding of removal” is offered in response to the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment. Under the terms of this 1999 Convention, a person who can show that he or she is more likely than not to be tortured if returned home can be granted asylum unless deemed to be a serious criminal or a potential subversive. Applicants who wish to be considered for this status are advised to check the box on the first page of Form I-589; an INS Immigration Judge will make the decision based on the evidence submitted.

Although Article 3 of the Convention Against Torture prohibits the United States from returning an asylum seeker to a country in which torture is likely, it does not prevent the United States from sending the applicant to a third country where there is no danger of torture.

Inside Torture