United States Second Circuit

Petition for review challenging denial of application for withholding of removal under the Convention Against Torture is denied over claims that: 1) petitioner has shown a sufficient likelihood that he will be tortured if he is deported to Haiti, as all Haitians who are deported from the U.S. for criminal conduct are imprisoned indefinitely, and as prison conditions prevailing in Haiti amount to torture; 2) the BIA's decision in In re J-E-, 23 I. & N. Dec. 291 (B.I.A. 2002), which held that a Haitian petitioner faced with this detention is not entitled to CAT relief, was wrong; and 3) petitioner's case is distinguishable from In re J-E5 as his medical conditions will be inadequately treated in the Haitian prisons.

Appellate Information

• Decided 09/11/2007
• Published 09/11/2007

Judges

• DENNIS JACOBS, Chief Judge:, Before: JACOBS, Chief Judge, WALKER, and RAGGI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Mark T. Kenmore, Buffalo, NY, for Petitioner.


• For Appellees:
  
• Gail Y. Mitchell, Assistant United States Attorney, for Terrance P. Flynn, United States Attorney for the Western District of New York, Buffalo, NY, for Respondent.