8 CFR 1208.17 - Deferral of removal under the Convention Against Torture

Cite as8 CFR 1208.17
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334 practice notes
  • Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers
    • United States
    • Executive Office For Immigration Review
    • Invalid date
    ...to such custody; (iii) Is effective only until terminated; and (iv) Is subject to review and termination pursuant to this section or 8 CFR 1208.17 if the asylum officer determines that it is not likely that the alien would be tortured in the country to which removal has been deferred, or if......
  • Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review
    • United States
    • Executive Office For Immigration Review,Homeland Security Department
    • Invalid date
    ...to the immigration judge, that the alien would be tortured in the country of removal, consistent with the criteria in 8 CFR 1208.16(c), 8 CFR 1208.17, and 8 CFR (2) If the alien is determined to be an alien described in 8 CFR 208.13(c)(3) or 8 CFR 1208.13(c)(3) and is determined to lack a r......
  • Security Bars and Processing
    • United States
    • Executive Office For Immigration Review
    • Invalid date
    ...of the alien's claim and such other facts as are known to the immigration judge, consistent with the criteria in 8 CFR 1208.16(c), 8 CFR 1208.17, and 8 CFR * * * * * PART 1208--PROCEDURES FOR ASYLUM AND WITHHOLDING OF REMOVAL 0 9. The authority citation for part 1208 continues to read as fo......
  • Moncrieffe v. Holder, No. 11–702.
    • United States
    • U.S. Supreme Court
    • April 23, 2013
    ...Cruel, Inhuman or Degrading Treatment or Punishment (CAT), Art. 3, Dec. 10, 1984, S. Treaty Doc. No. 100–20, p. 20, 1465 U.N.T.S. 85; 8 CFR § 1208.17(a) (2012). These forms of relief require the noncitizen to show a greater likelihood of persecution or torture at home than is necessary for ......
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330 cases
  • Moncrieffe v. Holder, No. 11–702.
    • United States
    • U.S. Supreme Court
    • April 23, 2013
    ...Cruel, Inhuman or Degrading Treatment or Punishment (CAT), Art. 3, Dec. 10, 1984, S. Treaty Doc. No. 100–20, p. 20, 1465 U.N.T.S. 85; 8 CFR § 1208.17(a) (2012). These forms of relief require the noncitizen to show a greater likelihood of persecution or torture at home than is necessary for ......
  • Alphonsus v. Holder, No. 10–73298.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • January 18, 2013
    ...eligibility under CAT, an alien must demonstrate that he will “more likely than not” be tortured if removed to his home country. 8 C.F.R. § 1208.17; see Abufayad v. Holder, 632 F.3d 623, 632 (9th Cir.2011). The federal regulations define torture as the intentional infliction of severe pain ......
  • Jabateh v. Lynch, No. 16-1112
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • January 5, 2017
    ...(same for withholding under CAT); But they remain eligible for deferral of removal under CAT. See Khan , 766 F.3d at 698 ; 8 C.F.R. § 1208.17(a) (directing that aliens eligible for CAT protection but subject to terrorism-related bars be granted deferral of removal).845 F.3d 340Under the INA......
  • Khouzam v. Attorney General of U.S., No. 07-2926.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • December 5, 2008
    ...client, Mr. Khouzam, would not be tortured if removed there. The Secretary of Homeland Security has, therefore, in accordance with 8 C.F.R. §§ 1208.17(f) and 208.17(f), terminated Mr. Khouzam's deferral of removal to Egypt, effective January 24, 2007. The Department of Homeland Security wil......
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