Auguste v. Ridge

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a showing of “specific intent” to cause severe pain and suffering is required to establish torture and rejecting as dicta contrary statements in Zubeda
• acknowledging that an alien must “establish, by objective evidence, that he is entitled to relief” under the CAT
• explaining that the torture must be inflicted “by or at the instigation of or within the consent or acquiescence of a public official or other person acting in an official capacity”
• concluding isolated beatings of Haitian prisoners do not show that such beatings were so pervasive that it was more likely than not that petitioner would be subjected to them if imprisoned pursuant to Haiti’s policy of detaining criminal deportees
• approving of Matter of J-E-’s determination that recklessness is a state of general intent
• discussing the amount of deference owed to “the BIA’s interpretation of the specific intent standard”

Source: CourtListener parenthetical corpus (CC0).