1. Asylum

   Under §208(b) of the INA, the IJ may, in his or her discretion, grant asylum to an individual who qualifies as a “refugee” within the meaning of INA §101(a)(42). The definition includes the requirement that the asylum applicant demonstrate that he or she is unwilling or unable to return to his or her home country because of past persecution or a “well-founded fear” of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.

   The asylum applicant’s burden of proof is to demonstrate that there is a “reasonable possibility” that he or she will be persecuted. An applicant for asylum may establish a “well-founded fear” by showing that a reasonable person in his or her circumstances would fear persecution.

   Asylum also provides more permanent protection than withholding of removal. A person granted asylum, known as an “asylee,” may apply for permanent residency after one year under INA §209 and may eventually become a U.S. citizen. An asylee may also bring his or her spouse and children to the United States.
   
   

2. Withholding (Restriction on Removal)

   Under INA §241(b)(3)(A), an IJ may not remove a person to a country where his or her life or freedom would be threatened because of the person’s race, religion, nationality, membership in a particular social group, or political opinion. The applicant for withholding of removal must show a “clear probability” of persecution or that it is more likely than not that he or she would be persecuted if removed to his or her home country. This standard is more difficult to satisfy than the well-founded-fear standard for asylum. Withholding of removal to a particular country is mandatory if the IJ determines that the applicant’s life or freedom would be threatened in that country.

   The grant of withholding of removal, unlike asylum, does not give an individual an automatic right to remain in the United States, nor may he or she apply for permanent residency or bring his or her spouse or children to the United States.
   
   

3. Convention Against Torture (CAT)

   Relief is available under the Convention Against Torture (CAT) if an individual fears torture at the hands of the government in his or her country, or from individuals who have the acquiescence of that government. The CAT can provide relief if the respondent is not eligible for asylum or withholding of removal under INA§241(b)(3) because of a lack of nexus to one of the five statutory grounds, or because of a bar to asylum or withholding of removal (crime, prior persecutory acts, etc.). Furthermore, the CAT does not require that the applicant show that the torture is “on account of” a specific reason.

   Article 3 of the CAT prohibits the return of an individual to a country where there are substantial grounds for believing that he or she would be subject to torture. Specifically, it states that “no state shall expel, return (‘refouler’) or extradite a person to another state where there are substantial grounds for believing that he would be in danger of being subjected to torture.”

   Torture is defined as "any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or her or a third person information or a confession, punishing him or her for an act he or she or a third person has committed or is suspected of having committed, or intimidating or coercing him or her or a third person, or for any reason based on discrimination of any kind...."

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