Li Chen Zheng, AKA Zheng Li Chen v. John Ashcroft, Attorney General

How courts have described this case

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

• holding that to qualify for protection under the Convention Against Torture, an alien must show that he will more likely than not be tortured in his home country if removed
• holding that Congress has made clear that the correct inquiry under the Convention is whether an applicant can show that public officials demonstrate “willful 16 blindness” to the torture of their citizens by third parties
• noting that the “BIA’s interpretation and application of acquiescence impermissibly requires more than awareness and instead requires that a government be willfully accepting of a third party’s tor tu[r]ous activities”
• holding that government acquiescence for CAT protection includes willful blindness
• explaining that the intent of Congress is clear: “[A]c-quiescence of a public official requires ‘awareness’ and not ‘knowledge’ or ‘willful acceptance’ a fortiori, acquiescence does not require actual control or an agency relationship (alterations omitted from original)
• explaining that the intent of Congress is clear: \[A]cquiescence of a public official requires `awareness' and not `knowledge' or `willful acceptance' \; a fortiori, acquiescence does not require actual control or an agency relationship (alterations omitted from original)

Source: CourtListener parenthetical corpus (CC0).