28 C.F.R. § 200.1

Eligibility for Protection under the Convention Against Torture

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A removal order under Title V of the Act shall not be executed in circumstances that would violate Article 3 of the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, subject to any reservations, understandings, declarations, and provisos contained in the United States Senate resolution of ratification of the Convention, as implemented by section 2242 of the Foreign Affairs Reform and Restructuring Act of 1998, Pub. L. 105-277. Convention-based claims by aliens subject to removal under this Title shall be determined by the Attorney General, in consultation with the Secretary of State.

Notes of Decisions

Cited in 7 cases (7 in the last 5 years), 2021–2026 · leading case: Nancy Huisha-Huisha v. Alejandro Mayorkas, 27 F.4th 718 (D.C. Cir. 2022).

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Nancy Huisha-Huisha v. Alejandro Mayorkas, 27 F.4th 718 (D.C. Cir. 2022). · cites it 2× “16 (c); 28 C.F.R. § 200.1 . Before proceeding, we must make clear two things about § 1231.”

Winston Gutierrez-Alm v. Merrick Garland, 62 F.4th 1186 (9th Cir. 2023). “, 28 C.F.R. § 200.1 ; 8 C.F.R. §§ 1208 .16– 1208.”

Joe Bayana v. Merrick Garland (9th Cir. 2021). “16 (b)-(c); 28 C.F.R. § 200.1 ; see She v. Holder, 629 F.”

Dhs v. D.V.D. (2025). “” 28 CFR §200.1 (2024). B On February 18, 2025, the Department of Homeland Se- curity (DHS) issued an internal guidance document direct- ing immigration officers to “review for removal all cases .”

Mattos (D. Nev. 2025). “See 28 C.F.R. § 200.1 ; 8 C.F.R. §§ 208 .16–18, 1208.”

Barka (D. Nev. 2025). “See 28 C.F.R. § 200.1 ; 8 C.F.R. §§ 208 .16–18, 1208.”

Haitian Bridge All. v. Biden (D.D.C. 2026). “16 (c); 28 C.F.R. § 200.1 . Both withholding of removal and CAT relief “are mandatory: the Executive must provide them to aliens who qualify for them.”

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