Jean Neckson Cadet v. John M. Bulger

How courts have described this case

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

• recognizing that federal courts are “obligated to inquire into subject-matter jurisdiction sua sponte whenever it may be lacking”
• holding that because the FARR Act does not expressly mention “habeas corpus” or “28 U.S.C. § 2241,” it does not eliminate habeas jurisdiction
• holding that indefinite detention, poor prison conditions, and “[b]eatings with fists, sticks, and belts” in Haitian prisons did not amount to torture
• concluding that “whether the conditions in Haitian prisons constitute torture is a mixed question of law and fact as we must apply CAT’s legal definition of ‘torture’ to the facts of what happens in Haiti’s prisons”
• noting that the alien had the “burden to show that he more likely than not would be tortured if returned” and had failed to do so
• noting that the alien had the “burden to show that he more likely than not would be tortured if returned” and had failed to do so

Source: CourtListener parenthetical corpus (CC0).