Asylum, Withholding, Convention Against Torture | Scott Mossman, Immigration Lawyer/Attorney

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1611 Telegraph Ave, Suite 1100, Oakland CA 94612 | Tel. (510) 835-1115 | Fax (510) 835-1116

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Asylum, Withholding of Removal & Convention Against Torture Appeals

By far, most of the clients I have represented in removal (deportation) proceedings sought to avoid removal by applying for asylum, withholding of removal, or Convention Against Torture relief. Examples of clients I have represented include:

A former soldier from El Salvador targeted for suspicion of collaborating with the guerrillas;
An ethnic Indian from Fiji who fled to the U.S. after coup-related violence;
A homosexual man who feared torture in Pakistan due to his sexual orientation;
A Tibetan Buddhist that fled possible future persecution in China;
A former mujahideen member who suffered torture at the hands of a warlord in Afghanistan;
Many others from various different countries with a variety of different circumstances.

Some of these clients obtained asylum, some withholding of removal, and others Convention Against Torture relief (although this does not constitute a warranty, guarantee, or prediction of the result in your case). I have summarized the basic requirements for those forms of relief below.

Asylum generally requires past persecution or a well founded fear of persecution by government agents or persons the government is unable or unwilling to control. The persecution must be on account of race, ethnicity, nationality, religion, membership in a particular social group, or political opinion.

The requirements for withholding of removal are nearly identical to those for asylum, but the probability of harm must be higher, at least 51%. In practice, courts also tend to require more corroborative evidence for withholding claims.

Convention Against Torture ("CAT") relief requires at least a 51% probability that the applicant will be tortured if returned. "Torture" is a term of art defined as "any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person [for virtually any reason] when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity."

What distinguishes CAT relief is that it broadens the array of qualifying motivations, while narrowing the harm to include only the most severe types of harm. Additionally, one temporary form of CAT relief is available even if the applicant has serious criminal convictions that would prevent him or her from receiving any other immigration benefit. That form of CAT relief is known as deferral of removal.

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Scott Mossman's practice is limited to federal immigration and citizenship law, with an emphasis on removal (deportation) defense, appeals, and federal court litigation. In removal cases, he only represents persons within the Ninth Circuit (Alaska, Arizona, California, Guam, Hawaii, Idaho, the Mariana Islands, Montana, Nevada, Oregon, and Washington) and usually only if the hearing will occur, or has occurred, in the San Francisco Immigration Court. That Court has jurisdiction over San Francisco, Oakland, San Jose, Sacramento, and the rest of Northern California from Redding to Bakersfield. Scott Mossman represents persons on immigration and naturalization applications to USCIS if the applicant or petitioner lives in the San Francisco Bay Area. He represents persons on appeal to the Board of Immigration Appeals (BIA) and Administrative Appeals Office (AAO) in USCIS petition and waiver cases arising throughout the world.

Scott Mossman is a licensed attorney and active member of the State Bar of California.