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United States Eighth Circuit


Cherichel v. Holder, 08-3736

In a petition for review of the BIA's order denying petitioner's request for deferral of removal under the Convention Against Torture (CAT), the petition is denied where the CAT's specific intent element could not be satisfied by a showing that severe physical or mental pain or suffering is merely foreseeable.

Appellate Information

  • Decided 01/12/2010
  • Published 01/12/2010

Judges

  • SHEPHERD, Circuit Judge., Before MELLOY, SMITH, and SHEPHERD, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Ann O'Connell, argued, Jonathan L. Marcus, Washington, DC, on the brief, for petitioner.

  • For Appellees:
  • M. JocelynLopez Wright, USDOJ, argued, Washington, DC, for respondent.
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