United States Second Circuit

In a multi-claim habeas appeal, (1) Federal courts have jurisdiction to consider the United Nations Convention Against Torture (CAT) claims raised in section 2241 petitions, (2) Plaintiff is not entitled to CAT relief in the circumstances presented because he failed to establish that he is "more likely than not" to be tortured if returned to China, and (3) Plaintiff's continued detention without an opportunity for bail is not in violation of his constitutional right to due process of law. (Republished opinion)

Appellate Information

• Decided 02/19/2003
• Published 02/19/2003

Judges

• JOSÉ A. CABRANES, Circuit Judge., Before:  FEINBERG, CABRANES, and MAGILL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Anne Rapkin (Michael J. Boyle, on the brief), Law Office of Michael J. Boyle, New Haven, CT, for Petitioner-Appellant.


• For Appellees:
  
• Deborah R. Douglas, Assistant United States Attorney (Jeffrey A. Meyer, Assistant United States Attorney, on the brief), for John A. Danaher, III, United States Attorney for the District of Connecticut, United States Attorney's Office, New Haven, CT, for Respondents-Appellees.