J-E

Citations

• 23 I. & N. Dec. 291

Syllabus

J-E-, 23 I&N Dec. 291 (BIA 2002) ID 3466 (PDF) (1) An alien seeking protection under Article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment must establish that it is more likely than not that he will be tortured in the country of removal. (2) Torture within the meaning of the Convention Against Torture and 8 C.F.R. § 208.18(a) (2001) is an extreme form of cruel and inhuman treatment and does not extend to lesser forms of cruel, inhuman, or degrading treatment or punishment. (3) For an act to constitute “torture” it must satisfy each of the following five elements in the definition of torture set forth at 8 C.F.R. § 208.18(a): (1) the act must cause severe physical or mental pain or suffering (2) the act must be intentionally inflicted (3) the act must be inflicted for a proscribed purpose (4) the act must be inflicted by or at the instigation of or with the consent or acquiescence of a public official who has custody or physical control of the victim and (5) the act cannot arise from lawful sanctions. (4) According to 8 C.F.R. § 208.16(c)(3) (2001), in adjudicating a claim for protection under Article 3 of the Convention Against Torture, all evidence relevant to the possibility of future torture must be considered, including, but not limited to: (1) evidence of past torture inflicted upon the applicant (2) evidence that the applicant could relocate to a part of the country of removal where he or she is not likely to be tortured (3) evidence of gross, flagrant, or mass violations of human rights within the country of removal, where applicable and (4) other relevant information regarding conditions in the country of removal. (5) The indefinite detention of criminal deportees by Haitian authorities does not constitute torture within the meaning of 8 C.F.R. § 208.18(a) where there is no evidence that the authorities intentionally and deliberately detain deportees in order to inflict torture. (6) Substandard prison condi