What is the difference between asylum and a CAT claim?

Asylum requires showing past persecution or a well-founded fear of future persecution based on race, religion, nationality, political opinion, or membership in a particular social group (PSG). A Convention Against Torture (CAT) claim has a different and lower bar in one key respect, no protected-ground requirement, but requires showing it's more likely than not the applicant would be tortured by or with the acquiescence of government officials if returned.

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Can someone get CAT protection even if they're barred from asylum?

Yes. CAT protection (in the form of deferral or withholding of removal) is available even to applicants who are statutorily barred from asylum, including in some cases due to certain criminal convictions, because CAT relief is treaty-based and not subject to the same bars.

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What counts as a particular social group (PSG) for asylum?

A PSG must be defined with particularity, be socially distinct within the relevant society, and exist independently of the persecution claimed. Common litigated examples include family-based groups, former gang members, and certain occupational or social categories, but PSG definitions are heavily litigated and outcomes vary significantly by circuit and by the specific facts of the case.

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What evidence matters most in a detained asylum hearing?

Country-conditions evidence, corroborating documentation (including translated foreign documents), and a credible, consistent personal testimony are typically the most heavily weighted factors. In detained settings, time to prepare is limited, which makes early evidence-gathering and exhibit organization critical.