Protection under the United Nations Convention against Torture is a rare form of international human rights protection implemented into U.S. law. However, it substantially from asylum relief, and may practitioners fail to adequately grasp these fundamental differences. Additionally, given its nature as a relief of last resort for many, in addition to the foreign policy implications that come with defining torture, it is a relief that courts are often resistant to granting.
This course, led by Matthew Blaisdell, will provide an overview of the CAT and the manner in which it has been adopted into U.S. law, explain the differences between relief under asylum law and under the CAT, and explore the elements needed to establish a claim. Special attention will be paid to the cases of foreign nationals who face detention in their home countries based upon criminal conduct occurring in the U.S.
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