· 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 CourtListenerSourced 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.