Deferral of Removal under the Convention against Torture

Deferral of Removal under the Convention against Torture

Definition

A protection required for a noncitizen who shows a substantial likelihood of being tortured in a proposed country of removal but who is barred from receiving asylum under the Immigration and Nationality Act § 208 or withholding of removal under § 241(b)(3). Deferral of removal confers no immigration status; it only defers removal to a country where a noncitizen would likely be tortured, and it may result in detention until the deferral is terminated.

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