In Article 3 of the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, it is explicitly specified that states shall be prohibited from returning any person to their home state – or any other state – if there is the threat that he or she might be tortured upon return. Even the slightest reason to believe that torture might occur upon a person’s return to his or her home country – especially for the purpose of deportation – is reason enough to forego the return altogether.
Since the late 1980s, the tenets of the Convention Against Torture have been applied to cases of immigration law that involve deportation. Acting under the definitions established by United Nations officials, any cases of deportation must first be thoroughly investigated in order to determine whether or not returning a man or woman to their home state would otherwise jeopardize his or her safety and wellbeing. Therefore, if your status in the United States has been threatened and you are possibly facing deportation, we urge you to call Pozo Goldstein, LLP today. Connecting with a New York immigration attorney from our firm could open up many more possibilities that will allow you to remain in the U.S.
Article 1 of the convention defines torture, and in turn, systematically labels the acts and behaviors that could constitute grounds for circumventing deportation. Specifically, the convention recognizes torturous acts as those which intentionally inflict severe physical and / or mental pain onto another for the purpose of obtaining information or some form of confession.
According to the convention’s definition, torture can also include punishment of a person for certain acts that were committed (or suspected to be committed), as well as some forms of coercion and intimidation. Physical or mental torture that is practiced in discrimination can also be categorized under the tenets of the convention, particularly if it was executed at the command or consent of a public official.
The convention’s definition of torture does not, however, include any pain or suffering – physical or mental – that arose from a lawful sanction. Important to keep in mind regarding the aforementioned specifications is the fact that the article’s definitions are not exclusive. This means that other actions which might fall short of those described above could still be classified as torturous if they constitute cruel, inhuman or degrading treatment (as defined in Article 16).
Under the stipulations of the Convention Against Torture there are two forms of protection assigned to aliens who are currently residing in the U.S.
1. 8 C.F.R. § 1208.16(c): Withholding of removal for aliens who have not been barred from eligibility under the Foreign Affairs Reform and Restructuring Act (FARRA) for a conviction of a serious crime or an aggravated felony that would result in imprisonment for at least five years.
2. 8 C.F.R. § 1208.17(a): Deferral of removal for aliens who are entitled to protection but are subject to mandatory denial of withholding.
At Pozo Goldstein, LLP, deportation defense is taken very seriously. With more than 90 years of combined experience, we have seen a number of immigrants and aliens face the uncertainty caused by the threat of being deported from the U.S. As such, we have dedicated a large portion of our legal practice specifically to methods of deportation defense, one such being the utilization of the United Nations Convention Against Torture.
Our firm is comprised of highly educated and well-practiced lawyers, including former U.S. immigration prosecutors and a former judge. Under the direction of our legal team, you could have a significant advantage in court as you pursue deportation defense under the tenets of the Convention Against Torture. The insight and depth you need to feel secure in the legal actions that are being made on your behalf can be found at our firm, where we offer legal representation in multiple languages.
If you’re facing the threat of being deported to a home state in which your safety and wellbeing could be in danger, we highly urge you to connect with an immigration attorney at our office as soon as possible. When you contact Pozo Goldstein, LLP today you will have 24/7 access to a team of legal professionals that is ready to take your call and help you maintain your status in the U.S. Contact us today to start the process of deportation defense that your case needs.