Withholding of Removal and CAT Protection: How Congruence Law, P.C. Helps Clients Seek Protection When Asylum Is Not an Option

For individuals in removal proceedings who fear persecution or torture in their home country but cannot apply for asylum, two important alternative forms of legal protection may offer a path forward: Withholding of Removal and protection under the Convention Against Torture (CAT).

At Congruence Law, P.C., we help individuals understand, prepare for, and pursue these complex forms of relief when other options are unavailable.

Withholding of Removal is a protection under U.S. immigration law that bars the government from removing a person to a country where their life or freedom would be threatened based on race, religion, nationality, political opinion, or membership in a particular social group. CAT protection, based on the United States’ obligations under international law, prohibits removal to a country where a person is more likely than not to be tortured, either by the government or with its consent or acquiescence.

These forms of relief differ significantly from asylum. While they offer protection from deportation, they do not confer permanent resident status, and they do not permit family members to immigrate. Individuals who are granted these protections may live and work in the U.S., but they do so with limited rights and cannot travel internationally without serious legal risk. Still, for many individuals, withholding of removal or CAT protection is a vital safeguard against return to life-threatening conditions.

These protections are typically sought when asylum is barred—such as when the applicant missed the one-year asylum filing deadline, had a prior asylum denial, or has a criminal conviction that disqualifies them from asylum but not from other forms of relief. The legal standards for both forms of protection are high, and meeting them requires careful preparation and strong supporting documentation.

At Congruence Law, P.C., we begin by reviewing each client’s history and identifying the most appropriate forms of protection based on their circumstances. We help clients prepare their Form I-589 application, develop a clear and legally grounded narrative, and submit supporting evidence such as personal declarations, reports on country conditions, medical or psychological documentation, affidavits from witnesses, and other materials that may support the claim.

For withholding of removal, the applicant must show that it is more likely than not they will be persecuted in their home country on account of a protected ground. For CAT protection, they must demonstrate a likelihood of being tortured if returned—usually by showing that the government in their country has tortured people in similar circumstances, or has allowed it to happen without intervention.

Challenges in these cases may include limited access to evidence, difficulty establishing the connection to a protected ground, or explaining inconsistencies in prior immigration records or testimony. We work closely with clients to ensure they are well-prepared for their hearing and that their applications are submitted clearly, thoroughly, and on time.

We also help clients understand the potential outcomes of their case and what each form of relief provides—and does not provide. In some cases, we may also explore eligibility for other forms of relief, such as cancellation of removal or temporary protected status, depending on the facts of the case.

At Congruence Law, P.C., we understand what’s at stake in every protection-based claim. Our work is grounded in the belief that legal protections should be accessible to everyone facing credible threats of harm abroad. We are committed to helping clients present their stories with clarity, legal support, and respect for the law and process.

If you are facing removal and believe you may qualify for withholding of removal or CAT protection, contact us at immigration@congruence.com to request a confidential consultation. We are here to help you pursue safety and stability through the protections the law provides.