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· 1/9/2007

Carlos Silva-Rengifo v. Attorney General of the United States United States Department of Homeland Security

Citations

  • 473 F.3d 58
  • 2007 U.S. App. LEXIS 386

How courts have described this case

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

  • remanding the case after clarifying the proper legal standard, thus allowing the BIA to apply the correct standard in the first instance
  • finding allegations that impunity for officers of paramilitary and police forces charged with human rights abuses evidenced “willful blindness” by government
  • recognizing CAT applicant carries the burden to prove claim
  • rejecting BIA’s conclusion that acquiescence requires actual knowledge of torturous activity, and remanding for determination as to whether record demonstrated that public officials in Colombia would turn a blind eye to violence by paramilitary and guerilla forces
  • rejecting BIA’s conclusion that acquiescence requires actual knowledge of torturous activity, and remanding for determination as to whether record demonstrated that public officials in Colombia would turn a blind eye to violence by paramilitary and guerilla forces
  • “[Acquiescence to torture requires only that government officials remain willfully blind to torturous conduct and breach their legal responsibility to prevent it.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Ambro, McKEE, Restani

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.