United States Third Circuit

In a case involving an ex-convict petitioner with a liquid-only diet due to a self-imposed injury to his esophagus, petition for review of a final order of removal rejecting petitioner's claim for CAT relief is denied where petitioner could not fulfill the specific intent requirement of the CAT as: 1) there was no evidence that Haitian authorities imprison ex-convicts upon their deportation to Haiti in order to cause them severe pain or suffering; and 2) the prevalent prison conditions, which may deny the necessary medical care and diet petitioner needs, are due to the country's economic and social ills.

Appellate Information

• Decided 06/09/2008
• Published 06/09/2008

Judges

• Before:  SCIRICA, Chief Judge, SLOVITER, McKEE, RENDELL, BARRY, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN, HARDIMAN, and GARTH, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Rebecca Sharpless (Argued), Florida International University, Miami, FL, Attorney for Petitioner., Steven A. Morley (Argued), Thomas M. Griffin, Morley, Surin & Griffin, Philadelphia, PA, Amicus Curiae for the Court.


• For Appellees:
  
• Thomas H. Dupree, Jr. (Argued), United States Department of Justice, Washington, DC, David E. Dauenheimer, Richard M. Evans, Susan K. Houser, United States Department of Justice, Office of Immigration Litigation, Washington, DC, Attorneys for Respondent.