If you or someone in you love is facing the possibility of deportation or removal for any reason, it is important to learn more about options for deportation defense. Generally speaking, there are a number of different defenses to removal for which immigrants may be eligible. For instance, if the person facing the possibility of deportation has lived in the United States for a certain period of time, they may be eligible for a “cancellation of removal” or “adjustment of status” as long as they meet other requirements. For persons convicted of a crime that has resulted in a judicial order of deportation, overturning that party’s conviction can be a deportation defense. These defenses to removal are based on federal law, yet there is also international law that can be used in building a deportation defense.
We would like to think more about the U.N. Convention Against Torture and the ways that an immigrant facing removal may be able to invoke it in order to remain in the United States.
The full name of this international law is the “Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.” Generally speaking, we tend to refer to it more simply as the U.N. Convention Against Torture. It was ratified in 1984, and it took effect in 1987.
In Article I, the Convention defines torture as “any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or another person acting in an official capacity.”
We realize that the legal definition of torture can be a complicated one to comprehend. We would like to break it down for you a bit. In brief, the Convention defines torture in general terms. Torture is a physical or mental act that inflicts pain or suffering for one of the following purposes:
The pain or suffering must be inflicted by a public official or someone acting in an official capacity to meet the Convention’s definition of torture. This means that another person in the country who is not acting in an official capacity, yet inflicts pain or suffering for one of the purposes mentioned above, is likely not committing torture as it is defined by the Convention.
You might be wondering: How does an international law have any weight for decisions a United States court might make about an immigrant’s deportation? In brief, when the United States agrees to an international law, or become a “party” to the law or convention, then it, too, is bound to the terms of the law. Since the United States is a party to the U.N. Convention Against Torture, it is bound by the terms of the law.
Most immediately applicable to any immigrant in the U.S. seeking to rely upon the Convention for a deportation defense, the United States is bound to the provisions of Article 3, which specifically state: “No State Party shall expel, return (“refouler”) or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.” In other words, a country such as the United States cannot remove or deport a person if that person could be in serious danger of being subjected to torture in his or her “home” country.
A Chicago immigration lawyer can speak with you more about your deportation defense today. Contact Kriezelman Burton & Associates, LLC to discuss your case.
5-Star Rating | Based on 200+ Satisfied Customer Google Reviews
Kevin Raica literally saved my life. He helped me out of a dangerous situation that my previous attorney had put me in. After 17 years without status and 6.5 years of working with my previous attorney, I had experienced so many denials that I had completely lost hope. When I met Kevin, everything changed. He genuinely cared about my situation and gave me hope when I couldn’t see any for…
We sincerely thank the entire team for the professionalism, responsiveness, patience, and dedication shown throughout our case. From our very first visit, Justin reassured us that everything would be all right. Thank you, Khiabett, for your expertise, professionalism, and calm guidance before and during the interview, which greatly reduced our stress and gave us confidence. We also deeply appreciate Kamila's hard work, patience, and responsiveness throughout the process. For sorting…
I would like to sincerely thank Attorney Justin Burton and PL Kamila Lada for support with my adjustment of status case. I have been working with the firm for over a year now, and I have received nothing short of exceptional services and support throughout various cases for myself and family members. Highly recommend consulting and retaining this firm.
We have been in the dark with our case for over 2 decades, while working with other big firms who just kept me in the dark and sat on our case without making any effort to move it forward until I met the wonderful team at Kriezelman & Burton. AO and JP are truly God-sent angels who with their knowledge, collaboration, sense of direction and outside the box thinking, managed…
Brittni Rivera and her team (Carina Lopez) are fantastic! They are responsive, efficient and beyond compassionate. Brittni Rivera and her team treated me with dignity and respect as they patiently answered all of my questions. They didn't move on without making sure I understood each step. Their work ethic was impressive. It felt like they were an extension of my personal team. I can't say enough to convey my gratitude…
I decided to use the services of Kriezelman Burton & Associates, LLC, and Kevin was nothing short of professional and amazing. From the consultation to the final approval, he gave us confidence and reassurance throughout the entire process. When I first told him about my wife’s wish to change her status, the first thing he said was, “We will get it done.” Even during the USCIS pause, he continued to…
Our experience with the firm was extraordinary. We worked with attorney Andrea Ochoa. Since the very first meeting we met, Andrea gave us all the confidence to proceed with our case. She always answered our questions shortly and offered clear guidelines to proceed. When my son's case received a notice of intent to deny, she planned how to fight that decision effectively. We totally recommend everyone to trust their case…

Attorney Advertising. This information is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Past results and testimonials are not a guarantee, warranty, or prediction of the outcome of your case, and should not be construed as such. Past results cannot guarantee future performance. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors, therefore, results will differ on a case-by-case basis. By providing contact information, users acknowledge and give explicit consent to be contacted via the methods of communication provided, including SMS. Message and data rates may apply. Message frequency may vary. Reply STOP to opt out.
NUVEW | Copyright 2026 All Rights Reserved | Accessibility Notice | privacy policy