United States First Circuit

Haitian citizen's petition for review of BIA's denial of his application for relief from removal under the CAT is denied where: 1) the general detention conditions in Haiti were not sufficiently severe to rise to the level of torture; 2) the acts of mistreatment that petitioner will likely be subjected to in detention do not amount to torture; and 3) there is no jurisdiction to address petitioner's remaining contentions that he met his burden of proving that torture of criminal deportees in Haiti is widespread and that he was more likely to be singled out for mistreatment by Haitian authorities because of his personal characteristics.

Appellate Information

• Decided 11/04/2009
• Published 11/04/2009

Judges

• LIPEZ, Circuit Judge., Before LYNCH, Chief Judge, EBEL  and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Jeffrey B. Rubin on brief for petitioner.


• For Appellees:
  
• Stefanie Notarino Hennes, Trial Attorney, Office of Immigration Litigation, Michael F. Hertz, Acting Assistant Attorney General, Civil Division, and John W. Blakeley, Assistant Director, Office of Immigration Litigation, on brief for respondent.