Protections Under the Convention Against Torture

WITHHOLDING OF REMOVAL

A person might not be barred from applying for withholding of removal under INA § 243(b)(3), 8 USC § 1231(b)(3).

An aggravated felony conviction will only act as a bar to withholding if:

(a) it is classed as a “particularly serious crime” (which includes nearly any drug trafficking offense, among other crimes)

or

(b) one or more convictions of an aggravated felony resulted in a total sentence of at least five years. 8 CFR 208.16(d)(3).