United States Third Circuit

A petition for review of an en banc decision of the BIA denying petitioner's motion to reopen, which had originally been granted, is granted where the BIA's en banc decision adopted an incorrect legal standard in requiring official "consent" or "actual acquiescence" in the torturous conduct at issue, rather than willful blindness as set out in the CAT's implementing regulations.

Appellate Information

• Decided 01/09/2007
• Published 01/09/2007

Judges

• McKEE, Circuit Judge., Before McKEE and AMBRO, Circuit Judges, and RESTANI, Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Alexander E. Eisemann, Esq., (Argued), South Salem, NY, Attorney for Petitioner.


• For Appellees:
  
• Jonathan Potter, Esq., (Argued), Douglas E. Ginsburg, Esq., Mark S. Des Noyer, Esq., William C. Peachey, Esq., U.S. Department of Justice, Office of Immigration Litigation, Washington, DC, Attorneys for Respondent.