Fifth Circuit· 1/4/2022

Aviles-Tavera v. Garland

Citations

22 F.4th 478

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 foreign government’s failure to apprehend the persons threatening the alien or the lack of financial resources to eradicate the threat or risk of torture do not constitute sufficient state action” (internal quotation marks and citation omitted)
concluding “foreign government’s failure to apprehend the persons threatening the alien . . . do[es] not constitute sufficient state action” (citation omitted)
confirming that “a foreign government’s failure to apprehend the persons threatening the alien or the lack of financial resources to eradicate the threat or risk of torture do not constitute sufficient state action”
noting that “a foreign government’s failure to apprehend the persons threatening the alien or the lack of financial resources to eradicate the threat or risk of torture do not constitute sufficient state action” (cleaned up)
“the facts and the legal standard used to assess [must be] the same in both proceedings”
“It is not enough that the Mexican government knows about poor conditions in an institution but fails to address them due to limited resources.”

Source: CourtListener parenthetical corpus (CC0).

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Cited by

8 cases in this archive cite this case.

Cites

15 cases in this archive are cited by this case.

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