Non-citizens who fear return to their home country may be able to file a defensive asylum claim in 
immigration proceedings.  The non-citizen must prove that he or she is outside country of nationality or, 
in the case of a person having no nationality, is outside any country in which such person last habitually 
resided; and that he/she is unable or unwilling to return to, and is unable or unwilling to avail himself or 
herself of the protection of that country because of persecution or well-founded fear of persecution on 
account of” of one or more of the five enumerated grounds: religion, nationality, political opinion, race or 
membership in a particular social group. 

Withholding may also be available to some that may not be eligible for asylum. It is applied for on the 
same application as asylum but it is harder to win as the non-citizen  must show a “clear probability” of 
persecution rather than “well-founded” fear.  Protection under the United Nations Convention Against 
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment  was enacted into U.S. law in 
1998.    The burden of proof is on the applicant for withholding of removal under CAT to establish that it 
is more likely than not that he of she would be tortured if removed to the proposed country of removal.