CAT

United Nations Convention Against Torture

# CAT# Withholding

Can You Be Deported to a Third Country If You Have Withholding of Removal?

The Trump Administration has started sending some migrants to third countries. There is little transparency around these operations, but so far, the deportees seem to be people who arrived recently at the Southern border. Regardless of their nationality or potential fear of persecution, the U.S. government is sending some migrants to third countries, such as Mexico, Guatemala, El Salvador, Honduras, Costa Rica, and Panama. In most cases, the returned migrants are then sent back to their home country, but in some cases, the third countries seem willing to hold (and perhaps detain) deported migrants, at least for a while. 

Could the Administration apply this same strategy to people who have been granted Withholding of Removal (WOR) or protection under the Convention Against Torture (CAT) ?

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By Jason Dzubow
# Asylees and Refugees# CAT# Withholding

Virginia Denies Driver’s Licenses to Refugees

The Washington Post recently did an article about my client Hirut Bekele who has Withholding of Removal and who has a valid Employment Authorization Document (“EAD”), but who was denied a driver’s license by the Virginia DMV.  As a result of losing her license, Ms. Bekele also lost her job and now she and her young daughter may become … Read more

By Jason Dzubow
# BIA# CAT# Immigration Court# Withholding

DHS and Mentally Ill Respondents: Why Is the Fox Guarding the Hen House?

I recently learned about the removal case of mentally ill man from Africa.  Several years ago, the man was granted Withholding of Removal from his country because he faced persecution there.  His immigration case was recently re-opened after he committed a crime rendering him ineligible for Withholding.  He might still be eligible for relief under the UN … Read more

By Jason Dzubow
# CAT# Human Rights# International

Amicus Brief on Sexual Violence as Torture in Argentine Case

Earlier this month, the European Center for Constitutional and Human Rights submitted an Amicus Brief titled Sexual Violence as Torture in several cases stemming from the military dictatorship in Argentina. In a 1976 coup, the Argentine military seized power and ruled until 1983.  During those years, the government violently suppressed dissent.  As part of the repression, government … Read more

By Jason Dzubow
# CAT# Federal Courts# Human Rights

Charles Taylor’s Son Attempts to Invalidate the Torture Convention in Order to Save Himself

Attorneys who specialize in political asylum generally think of the United Nations Convention Against Torture (“CAT”) as a defense to deportation.  If an alien does not qualify for asylum, he may qualify for relief under the CAT.  But a recent Eleventh Circuit decision reminds us that the CAT is a sword as well as a … Read more

By Jason Dzubow
# Asylees and Refugees# Asylum# Asylum Seekers# CAT# Legislation# Withholding

A Short “Wish List” for the Refugee Protection Act

The RPA provides important new protections to asylum seekers, particularly the most vulnerable asylum seekers such as people who are pro se or detained.  However, I can think of a couple important issues that are not addressed.  Below are some problems that my clients have faced over and over again, and some suggested solutions. The … Read more

By Jason Dzubow