Immigration Relief Under the U.N. Convention Against Torture

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.

Learning Objectives:

1. Review the history of the CAT, including the relevant treaty provisions and implementing regulations in the U.S.
2. Identify what makes relief under the CAT unique to other forms of international human rights protection, including preliminary issues such as burden of proof and its specific forms of relief
3. Analyze the individual requirements for eligibility for relief, focusing on specific claims